V SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Whether the salary drawn by the petitioner as a 'Reader" in the third respondent/ University immediately prior to his voluntary retirement, pursuant to setting aside of all such appointments in the said University by this Court, followed by relieving him to the parent department, could be reckoned for the purpose of fixing the pensionary benefits, is the issue involved herein. The petitioner was originally' appointed as 'UPSA; on selection by the PSC on 01.10.1974 and subsequently, he was promoted as 'HSA with effect from 15.07.1977. While waking as HSA. the petitioner was provisionally promoted as 'HSS Teacher with effect from 17-12-1992. While so. he applied for the post of Reader in the Sree Sankaracharya University of Sanskrit, Kalady. On selection as Reader, the petitioner was relieved from the post of HSS Teacher', to join the new post. Accordingly, the Director of Higher Secondary Education relieved the petitioner and aler the placement given to him as HSA at GHS West, Kollam ordered by the second respondent, the petitioner was relieved from the said post, to take up the appointment in the third respondent/University with effect from 21.10.1994.

(2.) While so. the appointments effected by the University fumed to be a subject matter of challenge before this Court and after considering the rival contentions raised by the parties concerned, this Court set aside ail the concerned appointments made by the University; pursuant to which the petitioner was also terminated from the service w.e.f. 09.06.1997. But since the petitioner was retaining his lien in the parent department, the University relieved the petitioner on 09.06.1997, with a direction to report before the second respondent. The petitioner reported for duty before the 2nd respondent on 10.06.1997 and applied for 'voluntary retirement' witheffect from 09.08.1997. The application submitted in this regard was allowed by the 2nd respondent as per Ext. P6, permitting the petitioner to have retired voluntarily with effect from 09.06.1997.

(3.) The Accountant General, Thiruvananthapuram (4th respondent) admitted the pension, reckoning the qualifying service of the petitioner only as '20' years. Taking note of the claim for reckoning the qualifying service as '25' years (reckoning the provisional service as well as the University service), OP 3510/1999 filed by the petitioner before this Court was disposed of. as per Ext. P18 judgment, directing the matter to be pension,, reckoning the salary drawn by the petitioner as 'Reader' in the third respondent/University immediately prior to the voluntary retirement sanctioned with effect from 09.06.1997. The learned counsel places reliance on Ext. P13 Government Order to contend that the service of the petitioner as 'Reader" in the University was liable to be treated as 'deputation' for all purposes and as such, the last drawn wages in the post of 'Reader' in the University were liable to be reckoned for fixing the pensionary benefits, in view of the stipulations in the 'Ruling No. 1' under Rule 62 and also in view of the contents of Rule 83 of Part III KSR.