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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
Nakulan K.V Associate Professor (Rtd) – Appellant
Versus
Sree Sankaracharya University Of Sanskrit P.O. Kalady – Respondent
Headnote: Read headnote
JUDGMENT :
The petitioner, who is an Associate Professor in Urdu and who retired from the services of the 1st respondent-Sree Sankaracharya University of Sanskrit on 31.05.2020, has filed this writ petition seeking to quash Exts.P6 and P13 to the extent it denies pensionary benefits to the petitioner from 03.01.1990 to 26.08.1997 for the service rendered with Kendriya Vidyalaya Sangathan.
2. The petitioner joined service as Junior Lecturer in Government Brennen College, Thalassery on 26.09.1989. The petitioner continued in service till 02.01.1990. On 03.01.1990, the petitioner was appointed as Primary Teacher in the Kendriya Vidyalaya Sangathan, Madras. The petitioner served the Kendriya Vidyalaya Sangathan till 26.08.1997.
3. Thereafter, the petitioner joined service as Lecturer in Government College, Malappuram on 27.08.1997 itself. The petitioner continued to work there till 21.12.1998. On 22.12.1998, the petitioner joined the 1st respondent- University as Lecturer. The petitioner retired from service on superannuation on 31.05.2020. The petitioner has co
Service in Kendriya Vidyalaya Sangathan is not recognized for pension benefits as it is an autonomous body, not a Central Government entity.
The main legal point established in the judgment is that statutory provisions supersede executive orders, and the omission of specific entities from statutory rules can be decisive in determining eli....
The main legal point established is that the petitioner, appointed in a Government Aided College prior to 2006 and later as an Associate Professor in a University, is entitled to count prior service ....
Retrospective amendments to pension rules cannot divest vested rights of retired employees regarding pension calculations.
Recovery from pensionary benefits after prolonged tacit acceptance by the employer exposes the employer to equitable considerations of certainty in employee benefits.
Only regular full-time service qualifies for pension; leave vacancy service does not count under the amended rules effective at the time of retirement.
Retired university employee entitled to pension consideration based on prior service.
The Tribunal held that previous service in an autonomous body qualifies for counting towards pensionary benefits in a new government position.
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