Dr. Nakulan K.V v. Sree Sankaracharya University of Sanskrit & Others

**==> picture [58 x 58] intentionally omitted <==** ## **2025:KER:29002** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 3[RD] DAY OF APRIL 2025 / 13TH CHAITHRA, 1947** ## **WP(C) NO. 1589 OF 2024** ## **PETITIONER:** **DR. NAKULAN K.V ASSOCIATE PROFESSOR (RTD), URDU DEPARTMENT REGIONAL CENTRE, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT KOYILANDY, RESIDING AT KANDOTH VALAPPIL, KAKKOTH, IRIVERY P.O., MOWANCHERY, KANNUR, PIN - 670613** **BY ADVS. V.GANGADHARAN JOSHI N.THOMAS ALEENA JOLLY** ## **RESPONDENTS:** - **1 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT P.O. KALADY, ERNAKULAM DISTRICT REPRESENTED BY ITS REGISTRAR, PIN - 683574** - **2 THE DIRECTOR SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REGIONAL CENTRE, KOYILANDY, NADUVATHUR P.O KOZHIKODE DISTRICT, PIN - 673620** - **3 STATE OF KERALA REPRESENTED BY ITS FINANCE SECRETARY, PENSION B DEPT., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001** 2025:KER:29002 W.P.(C) No.1589/2024 : 2 : **==> picture [58 x 57] intentionally omitted <==** - **4 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EDUCATION, DR.RAJENDRA PRASAD ROAD, NEW DELHI, PIN - 110011** - **5 THE DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033** - **6 THE DEPUTY COMMISSIONER KENDRIYA VIDYALAYA SANGHATAN, REGIONAL OFFICE, KADAVANTHRA P.O., NEAR RAJIV GANDHI INDOOR STADIUM, KOCHI, PIN - 682020** - **7 THE PRINCIPAL KENDRIYA VIDYALAYA, P.O. DISTRICT HOSPITAL, KANNUR, PIN - 670017** - **8 THE ACCOUNTANT GENERAL (A & E) KERALA CANTONMENT, STATION ROAD, STATUE, PALAYAM, THIRUVANANTHAPURAM, PIN - 695001** **BY ADVS. SRI. DINESH MATHEW J MURICKEN SRI. T.C. KRISHNA, DSGI-IN-CHARGE SRI. K.I. MAYANKUTTY MATHER SRI. P.K. BABU, SPECIAL GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 3 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.1589 of 2024 ````````````````````````````````````````````````````````````` _Dated this the 3[rd] day of April, 2025_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner, who is an Associate Professor in Urdu and who retired from the services of the 1[st] respondent-Sree Sankaracharya University of Sanskrit on 31.05.2020, has filed this writ petition seeking to quash Exts.P6 and P13 to the extent it denies pensionary benefits to the petitioner from 03.01.1990 to 26.08.1997 for the service rendered with Kendriya Vidyalaya Sangathan. 2. The petitioner joined service as Junior Lecturer in Government Brennen College, Thalassery on 26.09.1989. The petitioner continued in service till 02.01.1990. On 03.01.1990, the petitioner was appointed as 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 4 : Primary Teacher in the Kendriya Vidyalaya Sangathan, Madras. The petitioner served the Kendriya Vidyalaya Sangathan till 26.08.1997. 3. Thereafter, the petitioner joined service as Lecturer in Government College, Malappuram on 27.08.1997 itself. The petitioner continued to work there till 21.12.1998. On 22.12.1998, the petitioner joined the 1[st] respondentUniversity as Lecturer. The petitioner retired from service on superannuation on 31.05.2020. The petitioner has continuous service from 26.09.1989 to 31.05.2020, though in different Government Institutions. 4. Though various service periods of the petitioner were reckoned for computation of his pension amount and other retiral benefits, the service rendered by the petitioner under the Kendriya Vidyalaya Sangathan from 03.01.1990 to 26.08.1997 has not been reckoned for pensionary benefits. The petitioner therefore seeks to command the 1[st] respondent to reckon the prior service of 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 5 : the petitioner rendered in Kendriya Vidyalaya Sangathan for counting as qualifying service for fixation of pension. 5. The petitioner approached this Court filing W.P.(C) No.28836/2021 for this purpose. This Court disposed of the said writ petition as per Ext.P11 judgment dated 01.06.2022 giving liberty to the petitioner to approach the competent authority of the Government, who will thereupon, evaluate the nature and constitution of the KVS to decide whether it would be outside the purview and rigour of the Central Autonomous Bodies or Central Public Sector Undertakings; and if it is so found, notwithstanding Ext.P15 order, the petitioner would be entitled to relief as has been sought for by him. 6. The petitioner thereupon filed Ext.P11 representation dated 13.06.2022 to the Secretary to Finance (Expenditure), Government of Kerala. The Government found that the rules of Government of India made for Central Government employees are not directly applicable to the 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 6 : employees of Autonomous Bodies and that the prior service in Central Public Sector Undertakings shall not be reckoned for pensionary benefits along with the service in the State Government Department and only the service in Central Government shall be reckoned as qualifying service for pensionary benefits. The petitioner seeks to set aside Ext.P13. 7. The petitioner states that in GO(P) No.171/99/H.Edn. Dated 21.12.1999 the Government of Kerala has stated that previous service, without any break as Lecturer, as equivalent in a University, College, National Laboratory, or other Scientific Organisations, eg. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGC Research Scientist, should be counted for placement of Lecturer in Senior Scale / Selection Grade provided that the qualifications for the post were not lower than the qualifications prescribed by the UGC for the post of Lecturer. 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 7 : 8. The counsel for the petitioner relied on the Division Bench judgment of this Court in OP(KAT) No.25/2024 wherein it was held that employees who have retired as Trained Graduate Teachers from the office of the Kendriya Vidyalaya Sangathan are entitled to interest on the delayed payment of pensionary benefits, treating the Kendriya Vidyalaya Sangathan as a Central Government Body. 9. The petitioner relied on the judgment of the Hon’ble Apex Court in _**Ajay Hasia and others v. Khalid Mujib Sehravardi and others** [(1981) 1 SCC 722]_ to hold that Kendriya Vidyalaya Sangathan is an instrumentality or agency of the State. The petitioner urged that the petitioner's service in Kendriya Vidyalaya Sangathan is therefore liable to be reckoned for the purpose of grant of pension. 10 . Relying on the judgment of this Court in W.P.(C) No.17103/2003, the counsel for the petitioner urged 2025:KER:29002 W.P.(C) No.1589/2024 **==> picture [58 x 57] intentionally omitted <==** : 8 : that for the purpose of reckoning of past service / break in service of a Government employee, a beneficial interpretation should be adopted. 11. The 3[rd] respondent resisted the writ petition filing counter affidavit. The 3[rd] respondent stated that the Government had issued GOs dated 12.11.2002 and 06.12.2003 stating that the employees of the State Government Departments who left the former service in Central Government / Central Public Sector Undertakings on their own volition for taking up appointment in State Government Departments will be allowed to reckon their prior service for all pensionary benefits along with the service in the State Government Department subject to conditions. Subsequently, on the basis of a communication from the office of the Accountant General, the Government issued modified order dated 03.06.2009 specifying that only prior service in Central Government will be reckoned for pensionary benefits. 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 9 : 12. Rule 11 Part III KSR was amended on 22.11.2010 in order to give statutory validity to this decision. The amended Rule made it clear that prior service in Central Public Service Undertakings shall not be reckoned for pensionary benefits along with service in the State Government. The writ petition is therefore without any merit and is liable to be dismissed, urged the 3[rd] respondent. 13. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2, the learned Government Pleader representing respondents 3 and 5, the learned Deputy Solicitor General of India representing the 4[th] respondent and the learned Standing Counsel appearing for respondents 6 and 7. 14. The grievance of the petitioner is that his service in the Kendriya Vidyalaya Sangathan from 03.01.1990 to 26.08.1997 is not reckoned for the purpose of computation of pension after his retirement from the 1[st] 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 10 : respondent-University. 15. Kendriya Vidyalaya Sangathan is an autonomous body registered under the Societies Registration Act, 1860. Service under the Kendriya Vidyalaya Sangathan is obviously not service under the Central Government. The Government of Kerala has issued GO dated 03.06.2009 specifying that only prior service in Central Government can be reckoned for computation of pensionary benefits. On the basis of the said GO dated 03.06.2009, Rule 11 Part III KSR was amended as per GO dated 22.11.2010 in which it is ordered that employees of State Government Departments who left the former service in Central Government for taking up appointment in the State Government Department will be allowed to reckon as qualifying service for pensionary benefits and that prior service in Central Public Sector Undertakings shall not be reckoned for the pensionary benefits. The Government has issued GO(P) No.53/2018/Fin dated 30.03.2018 clarifying 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 : 11 : that prior service rendered by the employees of the Universities in Kerala in Central Autonomous Bodies / Central Public Sector Undertakings shall not be reckoned as qualifying service for pensionary benefits. 16. Furthermore, proviso to Rule 20 Part III KSR made it clear that the past service put in by Government employees and Aided School / Aided College Teachers and Universities prior to their entry in State Government or Aided School / Aided College service for pension and DCRG from Government shall not be applicable for appointments to or from the PSUs, Autonomous Bodies or similar Bodies. 17. The petitioner has challenged Ext.P10 GO which provided that prior service rendered by the employees of the Universities in Kerala in Central Autonomous Bodies / Central Public Sector Undertakings shall not be reckoned as qualifying service for pensionary benefits. I do not find any illegality or arbitrariness in the decision taken by the 2025:KER:29002 : 12 : **==> picture [58 x 57] intentionally omitted <==** W.P.(C) No.1589/2024 Government as contained in Ext.P10 GO dated 30.03.2018. The petitioner has no vested legal right to insist that his service in the Kendriya Vidyalaya Sangathan should be reckoned for computation of pension. The writ petition is therefore without any merit and it is dismissed. Sd/- **N. NAGARESH, JUDGE** aks/03.04.2025 2025:KER:29002 **==> picture [58 x 57] intentionally omitted <==** ## W.P.(C) No.1589/2024 ## : 13 : ## **APPENDIX OF WP(C) 1589/2024** ## **PETITIONER'S EXHIBITS** **Exhibit P1 TRUE COPY OF THE SERVICE CERTIFICATE NO. AD.A1/8481 /SSUS/2021 DATED 10.11.2021 ISSUED BY THE 1ST RESPONDENT** - **Exhibit P2 TRUE COPY OF THE MEMORANDUM NO.F.2ESTT/ 19/89 KVS(HR) 22620 DATED 21.12.1989 FROM THE REGIONAL OFFICE, KENDRIYA VIDYALAYA SANGATHAN, MADRAS OFFERING THE POST OF PRIMARY TEACHER** - **Exhibit P3 TRUE COPY OF THE RELIEVING ORDER NO.III-A/3/97-97/KVKAN DATED 26.8.1997** - **Exhibit P4 TRUE COPY OF THE LETTER NO.GE 23/E/COLL.N 75/4 DATED 3/4/01 HAD GIVEN THE DETAILS OF SERVICE OF THE PETITIONER AFTER HIS JOINING THE 1ST RESPONDENT UNIVERSITY** - **Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 29.05.2020 TO THE 1ST RESPONDENT REQUESTING TO COUNT HIS PAST SERVICE AT KENDRIYA VIDYALAYA** - **Exhibit P6 TRUE COPY OF THE REJECTION ORDER BEARING NO. ADA1/245/SSUS/2019 DATED 17/9/2021** - **Exhibit P7 TRUE COPY OF THE GO(P) NO.369/87/FIN DATED TRIVANDRUM 31 ST MARCH 1987** - **Exhibit P8 TRUE COPY OF THE ORDER IN GO(P) NO.703/2002/FIN DATED 12TH NOVEMBER, 2002** - **Exhibit P9 TRUE COPY OF THE GO(P) 212/09/FIN DATED THIRUVANANTHAPURAM 03/06/2009** 2025:KER:29002 : 14 : **==> picture [58 x 57] intentionally omitted <==** ## W.P.(C) No.1589/2024 **Exhibit P10** **TRUE COPY OF THE GO(P) NO.53/2018/FIN DATED THIRUVANANTHAPURAM 30.03.2018** **Exhibit P11** **TRUE COPY OF THE JUDGEMENT DATED 1 / 6/2022 PASSED BY THE HON'BLE HIGH COURT OF KERALA IN WP (C) NO.28836 OF 2021** **Exhibit P12 TRUE COPY OF THE APPLICATION DATED 13/6/2022 SUBMITTED BY THE PETITIONER WITH THE 3RD RESPONDENT** **Exhibit P13** **TRUE COPY OF THE GO(RT) NO.6849/2022/FIN DATED 11 / 10/2022 PASSED BY THE 3RD RESPONDENT** ## **RESPONDENT'S EXHIBITS** **Exhibit P14** **The true copy of the OM No.28/10/84 -Pension unit, New Delhi dated 29/8/1984 of Government of India, Ministry of Home Affairs , Department of Personal and Administrative Reforms**