JOSEPH MATHEW K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) Petitioner has retired as a lecturer selection grade (UGC) from St.Thomas College, Pala on 31.03.2008. According to the petitioner, petitioner has qualifying service even prior to the regular appointment as could be seen from Exts.P1 and P2 approval of service. It is also the case of the petitioner that, those services were treated for increment and usual increments were given to the petitioner even during leave vacancy period and is liable to be counted for pension as per G.O.P.No. 2357/1999/Fin. dated 25.11.1999, as per Rule 33 Part I Kerala Service Rules. But the Directorate of Collegiate Education, i.e., the 2nd respondent did not reckon the entire length of service of the petitioner for fixation of pension in Ext.P3.

(3.) Thereupon, petitioner submitted Ext.P4 representation before the State Government, and in furtherance of the direction issued by this court in W.P.(C).No. 17141/2009, Government issued Ext.P5 referring the final decision to the Accountants General and accordingly, Accounts Officer of the Accountants General Office issued Ext.P6 dated 18.01.2010 concluding that the broken spells of aided college service for the period from 01.10.1981 to 14.11.1983 and 05.07.1989 to 06.09.1989 are reckonable as qualifying service for pension, since the service of the petitioner was terminated for want of vacancy. Therefore, case of the petitioner is that, Government is estopped from denying revised pension, however, Government as per Exts.P7 and P8 orders have declined to reckon the broken spells served by the petitioner during the periods specified above.