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Vilfred – Appellant
Versus
Central University of Kerala – Respondent
JUDGMENT :
The petitioner was working in an aided college under the Government of Tamil Nadu, from 1982 onwards. In the year 2015, pursuant to an application made, the petitioner was appointed as an Associate Professor in the Department of Mathematics in the Central University of Kerala – the 1st respondent herein. The dispute in this writ petition is essentially as to whether the petitioner’s service in the aided college in the State of Tamil Nadu from 1982 to 2015 ought to have been considered or not, while arriving at his pensionary benefits, upon his retirement in 2023.
2. Though, the petitioner made such a request, by Ext.P3 dated 08.03.2019, the 1st respondent University pointed out that, insofar as it was constituted in the year 2009, under an Act of the Parliament, the employees like the petitioner are governed by the National Pension Scheme (NPS) and not by the CCS (Pension) Rules, 1972. Therefore, the claim of the petitioner stood rejected as early as in the year 2019, further advising the petitioner to seek pension from the Tamil Nadu Government for the period during which he worked there. Later, Ext.P14 dated 05.08.2019 is issued by the 2nd respondent, relying on certain
The National Pension Scheme governs pension benefits for employees of the Central University, excluding prior service under the 1972 Rules.
The petitioner, governed by the National Pension Scheme, cannot claim pension benefits under the CCS (Pension) Rules, 1972, as they do not apply to employees of the Central University.
Entitlement to pension considering prior service under differing pension schemes is examined.
The court ruled that the petitioner was entitled to pensionary benefits under the CCS (Pension) Rules, 1972, as the decision to extend benefits to similarly situated employees constituted a fresh cau....
Eligibility for pension benefits requires continuous service without voluntary breaks; prior service in different institutions does not automatically qualify unless condoned.
Past temporary services of employees must be considered for pension calculation under the Bihar Pension Rules, ensuring fair treatment and preventing undue hardship.
Entitlement to retirement benefits must include previously appointed employees despite the introduction of a new pension scheme.
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
Uninterrupted service, regardless of initial temporary status, qualifies for pension benefits under the Old Pension Scheme, and administrative delays in regularization cannot deprive employees of the....
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