IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
DR M. SREENATHAN – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. claim for pension recognition based on previous service. (Para 1 , 2) |
| 2. government orders as basis for denying claims. (Para 4 , 5) |
| 3. arguments presented by counsel on applicability. (Para 6 , 7 , 8) |
| 4. court's rationale on retrospective application. (Para 9 , 10 , 11 , 12) |
J U D G M E N T
The petitioner was appointed as Research Associate (Linguistics) with the 2nd respondent University pursuant to Ext.P1 order dated 17.08.2013. However, prior to the said appointment, the petitioner had two spells of service: the first with the Anthropological Survey of India from 19.08.1992 to 13.06.2008 and the second with the Dravidian University from
16.06.2008 to 20.08.2013.
2. The petitioner raised a claim before the 2nd respondent University that his service in the Anthropological Survey of India as well as in the Dravidian University may also be reckoned for the purpose of calculating the length of service. The 2nd respondent University sought clarifications in the matter. In the meantime, the National Pension Scheme (NPS) was introduced with effect from 01.04.2013. The petitioner submitted an option, with respect to the NPS, to continue under the Statutory Pension Scheme, a
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