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2004 Supreme(Ker) 106

KURIAN JOSEPH
C. A. Jacobkutty – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

Whether pensionable service in non-pensionable establishment can be clubbed with the service in Central Government service/service in autonomous bodies in central sector for pension is the question arising for consideration in this case.

2. The petitioner retired from the service of the second respondent on 31.8.1998. Prior to joining in the second respondent, he had service as an aided school teacher from 4.9.1961 to 12.2.1973. His prayer is for a declaration that the said service rendered as an aided school teacher is liable to be counted for the purpose of pension. The second respondent has no objection in counting such service for the purpose of pension in case the State Government pays the pro rata pension contribution to the second respondent. It is admitted in the counter affidavit that “the petitioner has 11 years one month and 23 days service in aided schools from 1.4.1961 to 30.3.1962 and from 16.7.1962 to 11.2.1973. This service is pensionable. But the service in aided school cannot be considered as Government service as the appointing authority in aided school is the manager of the school and not the Government”. Therefore, it can be seen that there is no dis





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