Whether the prior service of the petitioners rendered in the Central Government, before they joined the service under the Collegiate Education Department in Aided Colleges within the State, can be reckoned for the purpose of pension and pensionery benefits, is the issue involved in this Writ Petition.

2. The first petitioner was working as a Selection Grade Lecturer in S.N. College, Kollam under the University of Kerala and after 21 years of continuous service, he got superannuated and came out on 31.03.2002. Prior to the said service, the first petitioner had worked in the Central Government for the period from 29.05.1970 to 13.12.1980, which service was quit by him of his own and joined the service within the State as mentioned above. In the case of the second petitioner, she retired on 31.03.2004 after 23 years of service rendered in the very same College under the same University and prior to the commencement of the said service, she was also in the Central Government service for more than 7 years from 26.05.1973 to 08.10.1980. In the case of the third petitioner, who retired from the service on 31.05.2002 after a continuous period of 24 years in TKM College of Arts and Science in the University of Kerala, he had also more than 5 years of service in the Central Government during the period from 08.09.1972 to 07.12.1976 and further from 08.12.1976 to 28.01.1978. The case of the petitioners is that, as per Ext.P1 Government Order dated 12.11.2002, prior service under the Central Government/Central Public Sector undertaking put in by the State Government employees was ordered as reckonable for the purpose of fixing the pension and pensionary benefits, on condition that the pro rata contribution shall be effected by the concerned Government/Public sector undertaking where such prior service had been rendered. Subsequently, as per Ext.P2 Government Order dated 06.12.2003 it was ordered as follows:

"in the case of prior service rendered by Central Government employees in State Government and vice versa, the liability of Pension including gratuity, will be borne in full by the Central Government/State Government to which the Government servant permanently belongs at the time of retirement and no recovery of proportionate pension will be made from Central Government/State Government under whom he had served. But in the case of employees who left the former service in the Central Public Sector Undertakings the orders issued in G.O. dtd. 12.11.2002 will stand".

3. Pursuant to the above G.O.s, the petitioners herein took up their case before the Government, seeking for the benefits flowing from Ext.P1 and P2, which led to issuance of Ext.P6 dated 22.03.2004, whereby the request was turned down, stating that prior service of the petitioners is not at all reckonable as per the `existing Rules/orders', which in turn has been subjected to challenge on many a ground.

4. The learned counsel for the petitioner submits, with specific reference to Ext.P7 that Section 60 of the Kerala University Act, 1974 prescribing the conditions of service of teachers of Private Colleges clearly stipulates that, notwithstanding anything contained in any law or in any contract or other document, the conditions of service of teachers of Private Colleges, whether appointed before or after the commencement of the said Act, including conditions relating to Pay, Pension, Provident Fund, Gratuity, Insurance and age of retirement, shall be such, as may be prescribed by the Statutes. Now, coming to the Statute, Ext.P8 (the Kerala University First Statutes, 1976) stipulates under Section 5(1) of Chapter II as follows:-

Section 5(1) Kerala Service Rules to apply to teachers who retire at the age of 55 years:- The teachers who retire at the age of 55 shall be entitled to receive the same pensionary benefits as are allowed to similar categories of teachers in Government Colleges including family pension and death - cum -retirement gratuity and all the condition