Recovery from pensionary benefits after prolonged tacit acceptance by the employer exposes the employer to equitable considerations of certainty in employee benefits.

J U D G M E N T

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The petitioner, who retired as Professor from the Department of Physics of the Cochin University of Science and Technology, seeks to declare that no recovery is permissible from the DCRG of the petitioner, of the alleged liability quantified in Ext.P15 . The petitioner also seeks to quash Ext.P11 to the extent it states that the petitioner's prior service cannot be reckoned for determining his pension.

2. The petitioner worked as Assistant Manager (Laboratory) in the Carbon and Chemicals India Limited which is a Public Sector Undertaking under the Government of Kerala. The petitioner worked in Carbon and Chemicals India Limited from 18.06.1985 onwards. While so, the petitioner was selected and appointed as Lecturer in the Department of Physics of the 1^st respondent-University with effect from 21.10.1988.

3. The petitioner states that as per the then existing UGC Regulations, the petitioner was entitled to reckon his prior service in the Carbon and Chemicals India Limited for counting qualifying service under the Career Advancement Scheme. The petitioner's request for counting prior service was approved by the Syndicate as per Ext.P1 order dated 18.10.1997.

4. The Audit Department raised objection.

However, by Ext.P2 minutes, the Syndicate resolved that the service rendered by the petitioner in Carbon and Chemicals India Limited shall be counted for pensionary benefits also. The petitioner was accordingly placed in the Senior Scale with effect from 26.06.1990 counting his prior service. However, he was not granted subsequent promotion as Reader with effect from 01.01.1996. He was promoted as Reader only with effect from 27.07.1998.

5. The petitioner was promoted as Professor with effect from 27.07.2006, though he was eligible for promotion with effect from 01.01.2004. The petitioner submitted a representation seeking to grant service benefits reckoning his entire service. The 2^nd respondent informed that the request cannot be acceded to as there is audit objection.

6. The petitioner states that the Syndicate subsequently accepted the audit objection and decided to postpone the date of grant of Senior Scale from 26.06.1990 to 21.10.1993. The petitioner therefore filed W.P.(C) No.22757/2010. This Court allowed the writ petition as per Ext.P9 judgment dated 11.07.2017 holding that the impugned orders amounted to unsettling of settled service matter.

7. The petitioner retired from service on

30.04.2017. His pension was not re-fixed, revising the date of promotion as Reader and Professor. When the petitioner submitted representation for disbursement of due DCRG, the petitioner was informed by the 2^nd respondent that his prior service cannot be reckoned. Moreover, the petitioner has been served with a Liability Certificate by the 2^nd respondent determining ₹8,15,715.50 as the petitioner's liability. The petitioner states that in the case of other similarly situated persons, due pensionary benefits have been paid to them ignoring audit objections and the petitioner alone is discriminated.

8. The respondents filed counter affidavit and resisted the writ petition. The respondents submitted that reckoning of prior service for granting promotions/placements and reckoning prior service for pensionary benefits are governed by separate rules. The petitioner was granted promotions/placements reckoning his prior service as contemplated in the UGC Regulations. The pensionary benefits of University employees are governed by Part III KSR, which has been made applicable to University Teachers as per Statute 11 of Cochin University of Science and Technology First Statutes, 1991. None