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2026 Supreme(Online)(Ker) 8015

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
DR. K.C BAIJU – Appellant
Versus
UNION OF INDIA, DEPARTMENT OF HIGHER EDUCATION – Respondent
WP(C) NO. 4032 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.P.K.MANOJKUMAR, SMT.SMITHA S.PILLAI, SMT.ALICE THOMAS
For the Respondents: SRI. T. RAMPRASAD UNNI

Retired university employee entitled to pension consideration based on prior service.

Headnote:The case concerns the denial of pension benefits to the petitioner who argued entitlement based on service rendered prior to joining a Central University. The court instructs the first respondent to address the pending representation (Ext.P10) within three months after hearing the petitioner. The applicable orders regarding similar cases were considered.

Table of Content
1. petitioner’s entitlement to pension based on previous service. (Para 1 , 2 , 3)
2. petitioner requests consideration based on similar case treatments. (Para 4 , 5 , 6 , 7)
3. court directs immediate consideration of representation. (Para 8)

JUDGMENT

Dated this the 3rd day of February, 2026 The petitioner states that he retired from service of the Central University of Kerala, Kasaragod while working as Vice Chancellor in-charge and Senior Professor (HAG).

2. Prior to joining the Central University as Associate Professor in Economics, the petitioner was working as Associate Professor in Economics in the Sree Narayana College, Varkala. The petitioner had worked for more than 26 years and seven months as a Lecturer / Lecturer Selection Grade / Reader / Associate Professor in the Colleges under the SN Trust and was relieved from Sree Narayana College Varkala to join the Central University.

3. The service of the petitioner in the Colleges under the SN Trust, Kollam is a pensionable service and the petitioner is entitled to get pension for the entire service he had rendered in the Colleges under the SN Trust and the Central University of Kerala. The request for grant of pension made by the petitioner was rejected by the respondent- University stating that the petitioner is covered by the New Pension Scheme.

4. However, in the case of similarly situated employees of the Central University of Himachal Pradesh, the 1st respondent has passed orders granting pension by taking into account their prior service under the Old Pension Scheme. In such circumstances, the petitioner submitted Ext.P10 representation before the 1st respondent requesting to extend the benefits granted to similarly placed employees of the Central University of Himachal Pradesh, as that of the petitioner. The representation is pending consideration.

5. I have heard the learned counsel for the petitioner, the learned Deputy Solicitor General of India representing the 1st respondent and the learned Standing Counsel representing the 2nd respondent.

6. Standing Counsel for the 2nd respondent would submit that the 2nd respondent has already rejected the claim of the petitioner and the petitioner has approached the Central Government.

7. The contention of the petitioner is that he is entitled to get pension counting the pensionable service of 26 years rendered by him in the Aided Colleges under the SN Trust and 12 years, one month and six days of service rendered by him in the Central University of Kerala as portability was permissible as per the orders in vogue at the time of joining the Central University of Kerala.

8. The petitioner would urge that similarly situated persons have been granted the benefit as per Ext.P8 order. In the afore facts of the case, I am of the view that the 1st respondent can consider Ext.P10 representation submitted by the petitioner.

In the facts and circumstances of the case, the writ petition is disposed of directing the 1st respondent to consider Ext.P10 representation and pass appropriate orders thereon within a period of three months, after granting an opportunity of hearing to the petitioner, taking note of Ext.P8 order also.

Sd/-

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