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2012 Supreme(Ker) 129

BABU MATHEW P.JOSEPH, C.N.RAMACHANDRAN NAIR
Prof. C. V. Simon – Appellant
Versus
Secretary To Government Higher Education Department – Respondent


Advocates appeared:
For the Appellants:K. Ramakumar (Sr.), Ramprasad Unni T, Smt. Smitha George, Advocates.
For the Respondents: George Mecheril, Government Pleader.

Judgment

RAMACHANDRAN NAIR, J.

1. This Writ Appeal is filed by two retired private college lecturers challenging the judgment of the learned Single Judge declining their claim to reckon their past services in Central Government for the purpose of pension.

2. We have heard learned Senior counsel Shri.K.Ramakumar appearing for the appellants and learned Government Pleader for the respondents.

3. The short question arising is whether the services rendered by both the appellants in institutions under the Central Government prior to their joining aided colleges in the State as Lecturers could be reckoned for the purpose of pension. Admittedly, provision for pension under Part III of Kerala Service Rules are made applicable to private college lecturers under the Calicut University Statute. Part-III of KSR in Rule 9 defines what is qualifying service for the purpose of pension. Even though Rule 11 of Part III KSR speaks about power of the Government to provide for reckoning any other services rendered by employees for the purpose of pension, there is no specific orders issued by the Government to reckon services of private college lecturers rendered in Central Government or any other agen




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