V. GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking direction to the 1st respondent to remit the pro-rata contribution for pension in favour of the petitioner to the 3rd respondent, i.e., the Goa University, Goa, and for further related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner while working under the 1st and 2nd respondents, i.e., State of Kerala and the Director of Collegiate Education, as Librarian Selection Grade, was appointed as University Librarian under the 3rd respondent, Goa University. Case of the petitioner is that, he has service as Librarian under 1st and 2nd respondents from 12.10.1989 to 13.01.2010. The application for the post of University Librarian under the Goa University was submitted by the petitioner through proper channel, and while joining with the 3rd respondent, petitioner had 20 years of service and he was anticipating that he will be given pro-rata contribution by the 1st respondent. But, after having regularized under the 3rd respondent University, when a request was made by the said University for pro-rata contribution, the same is not being granted by the 1st respondent. The prime case put forth by the petitioner is that, by virtue of Ext. P2 Government Order dated 25.04.2008, the 1st respondent has to remit the pro-rata contribution to the 3rd respondent University and hence the petitioner seeks the above specified reliefs.

(3.) A detailed counter affidavit is filed by the 1st respondent, refuting the claims and demands raised by the petitioner. The case put forth by the petitioner that after relieving him from the post of Librarian, he has joined the Goa University and his service is regularized are all admitted by the 1st respondent. Among other contentions, it is stated that, earlier, the applicant's request for granting pro-rata pensionary benefits was rejected by the Government on the ground that petitioner was not absorbed by the Goa University.