K.VENUGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed seeking to declare that the entire service of the petitioner from 24.10.1978 till the superannuation of the petitioner is liable to be counted for pension and not the period after the introduction of Direct Payment System alone.

(2.) The petitioner is a retired employee of the 4 th respondent-Homoeopathic Medical College. The College entered into an agreement with the Government whereby Direct Payment System was introduced in the College. It was made clear by the Government in its agreement that the Government shall not be liable for any claims of the teaching and non-teaching staff of the institution towards the pay and allowances of Provident Fund or Gratuity or any other account whatsoever in respect of any period prior to January, 2000 except and to the extent provided. On the basis of this Clause in the agreement, the Government has not been taking into account the service, salary and other allowances of the employees of the College in respect of the period anterior to 2000.

(3.) The petitioner contends that the Government departed from its policy as to counting of past services of the employees in respect of Homeopathic Medical Colleges alone. It is the case of the petitioner that such past services were taken into account under the DPS Scheme in respect of the other Professional Colleges like Engineering and Medical Colleges. The petitioner therefore, seeks similar treatment.