Entitlement to pension considering prior service under differing pension schemes is examined.

JUDGMENT

Dated this the 3rdday of February, 2026 The petitioner states that he retired from service of the Central University of Kerala, Kasaragod with effect from 02.02.2017 while working as Controller of Examinations. 2. Prior to joining the Central University as Controller of Examinations, the petitioner was working as Associate Professor in the Department of Physics in the NSS College, Ottapalam, an Aided College coming under the NSS Management. The petitioner had worked for 26 years and 18 days as a Junior Lecturer, Lecturer, Lecturer Senior Scale, Lecturer Selection Grade and Associate Professor in the NSS College, Manjeri and NSS College, Ottapalam and was relieved from the NSS College, Ottapalam to join the Central University of Kerala.

3. The service of the petitioner in the NSS College, Manjeri and NSS College, Ottapalam is pensionable service and the petitioner is entitled to get pension for the entire service he had rendered in the Aided Colleges under the NSS Management 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 as the Central University of Kerala was established in the year 2009.

4. However, in the case of similarly situated employees of the Central University of Himachal Pradesh, the 1^st respondent has passed orders granting pension taking into account their prior service under the Old Pension Scheme. The petitioner submitted Ext.P14 representation to the 1^st respondent requesting to extend the benefits granted to similarly placed employees of the Central University of Himachal Pradesh, which is pending consideration.

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

6. Standing Counsel for the 2^nd respondent would submit that the 2^nd 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 and 18 days rendered by him in the Aided Colleges under the NSS Management and the five years 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.P12 order. In the afore facts of the case, I am of the view that the 1^st respondent can consider Ext.P14 representation submitted by the petitioner.

In the facts and circumstances of the case, the writ petition is disposed of directing the 1^st respondent to consider Ext.P14 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.P12 order also.

Sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) NO. 3183 OF 2026 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER NO. D/210/86 DATED 08.01.1986 ISSUED BY THE SECRETARY NSS COLLEGE, CENTRAL COMMITTEE Exhibit P2 THE TRUE COPY OF THE ORDER OF APPROVAL OF APPOINTMENT NO: GA/A2/5997/86 DATED 25.11.1986 ISSUED BY THE UNIVERSITY OF CALICUT Exhibit P3 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 20.08.2016 ISSUED BY THE PRINCIPAL NSS COLLEGE OTTAPALAM.