Only regular full-time service in aided colleges qualifies for pension under Rule 14E of the Kerala Service Rules; temporary or broken service does not.

JUDGMENT

The orders issued by the Government on 09.05.2016 and 05.08.2016 are under challenge in all these writ petitions, filed by retired and serving teachers of aided Colleges, who claim that their prior service rendered in aided colleges including provisional and broken spells as leave substitutes should be counted along with their regular service in aided colleges. As a common issue is arising for consideration, all these writ petitions were heard together and are disposed of by this common judgment.

2. These cases had come up for hearing along with the cases filed by teachers of aided colleges/schools with prior broken spells of service in aided schools challenging the very same Government orders. Noticing the difference in the provisions contained in clause (a) and clause (b) of Rule 14E of Part III of the Kerala Service Rules (hereinafter referred to as `KSR' for short) which relate to the previous service rendered in aided schools and those in aided colleges respectively, I have delinked the cases in which the W.P(C) Nos.29356 of 2016-T & conn.cases 2 petitioners rendered previous service in aided schools and pronounced separate judgment in their case in my judgment dated 14.08.2017 in W.P(c). No.30167 of 2016 and connected cases allowing those writ petitions. These writ petitions were therefore posted again thereafter and a separate judgment was found necessary in respect of the applicability of the very same Government Orders in the case of the teachers who claimed the benefit of previous service rendered in private aided colleges.

3. The contention of the petitioners is that these Government orders are issued, in order to circumvent the judgment dated 23.7.2014 in W.P.(C).No.20495/2013, which was already upheld by a Division Bench by its judgment dated 23.2.2015 in W.A.No.377/2015 and by the Apex Court by dismissing S.L.P.No.19441 of 2015 on 20.7.2015 (produced as Exts.P3, P4 and P5 respectively in W.P(c).No.29356/2016), based on which that judgment was implemented reckoning the broken spells of the service of the petitioner in aided Schools for pension, along with his regular service. The petitioners contend that their cases are covered by the judgment in W.P(c).

No.20495 of 2013.

4. The judgment in W.P(C).No.20495 of 2013 (hereinafter referred to as ' Joseph's case '), relied on by the petitioners was rendered in W.P(C) Nos.29356 of 2016-T & conn.cases 3 a case where the petitioner retired from service on 31.03.2008, while working as Selection Grade Lecturer in an aided College. The service rendered by him in an aided college in different spells on temporary basis for 4 years 10 months in 3 spells was counted for pension without raising any objection; but his aided school service for 5 years 3 months and 13 days in eight spells was not counted for pension. This Court held that by virtue of Rule 14E of Part III of the KSR read with Statute 5 (1) of Chapter II of Kerala University First Statute 1976, the prior service rendered by the petitioner therein in aided school was liable to be counted towards qualifying service along with the service in aided college. As the broken spells of aided College service was already counted for qualifying service without any objection, this Court found no justification for denying him the benefit of aided School service, which is provided in Rule 14E of Part III KSR. In the judgment in the Writ Appeal, the Division Bench held that the aided school temporary service would also fall within Rule 14E of Part III Kerala Service Rules . Subsequent to the dismissal of the SLP, the judgment was implemented by the Government by issuing G.O(Rt) No.7194/2015/Fin dated 6.8.2015. The Government orders -G.O.(P) No.66/16/Fin dated 9.5.2016 and G.O.(P) No.113/16/Fin dated 5.8.2016 (Exts.P6 and P7 in W.P(C) Nos.29356 of 2016-T & conn.cases 4 W.P.(C).No.29356/2017) were issued thereafter. In the order dated 9.5.2016, the Government stated that provisions contained in the Kerala Education Act, Kerala Ed