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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
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 continuous service from 26.09.1989 to 31.05.2020, though in different Government Institutions.
4. Though various service periods of
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....
Prior Central Government service may be recognized for pension benefits despite breaks in service under specific conditions.
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.
prohibits State Government from interfering with the internal administration of the University in absence of any provision made in the Act itself the decision of the University itself that they will ....
Point of law: Service that was once considered for inclusion in the qualifying service for pension was the provisional service envisaged under Rule 9 (a) (i) of the KS&SSR - Although such provisional....
Eligibility for pension under the Old Pension Scheme is contingent on service in institutions receiving 100% grants before the cut-off date of 01.11.2005, with precedents acknowledging prior unaided ....
The court determined that prior service in a public sector cannot count as qualifying service for pension benefits under applicable laws.
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