1. Whether pensionable service in non-pensionable establishment can be clubbed with the service in Central Government service/service in autonomous bodies in central sector for pension is the question arising for consideration in this case.
2. The petitioner retired from the service of the second respondent on 31 August, 1998. Prior to joining in the second respondent, he had service as an aided school teacher from 4 September, 1961 to 12 February, 1973. His prayer is for a declaration that the said service rendered as an aided school teacher is liable to be counted for the purpose of pension. The second respondent, has no objection in counting such service for the purpose of pension in case the State Government pays the pro rata pension contribution to the second respondent. It is admitted in the counter-affidavit that “the petitioner has 11 years one month and 23 days service in aided schools from 1 April, 1961 to 30 March, 1962 and from 16 July, 1962 to 11 February, 1973. This service is pensionable. But the service in aided school cannot be considered as Government service as the appointing authority in aided school is the Manager of the school and not the Government.” Therefore, it can be seen that there is no dispute that the service rendered by the petitioner in aided schools is pensionable. The dispute is as to whether the said service can be clubbed with the service in autonomous body like the second respondent for the purpose of pension. The petitioner relies on Exhibits PI to P4 Government Orders. However, the Government rejected the representations as per the impugned orders, Exhibits P7, P9 and Pll.
3. As per Exhibit PI Government Order, dated 31 May, 1987, the Government considered the question of counting of service of personnel between Central Government/State Government departments/autonomous bodies. It has been ruled that…..” where a State Government employee borne on pensionable establishment (and employees of the States autonomous bodies) is allowed to be absorbed in Government of India/autonomous body, the service rendered by him under the Government shall be allowed to be counted towards pension under Government of India/autonomous body.…” Regarding liability, it was ordered as follows:
“The Government/autonomous body will discharge its pension liability by paying in lump sum as a one-time payment the pro rata pension/service gratuity, terminal gratuity and death-cum-retirement gratuity for the service up to the date of absorption in the autonomous body/Government as the case may be. Lump sum amount of the pro rata pension will be determined with reference to commutation table laid down in Kerala Service Rules Part III.”
4. Exhibit P2 is a further clarification of pensionable establishments including State autonomous bodies. Exhibit P3 Government Order, dated 24 January, 1968, provided that the school service put in prior to entry in Government service of an employee will be counted for the purpose of pension. Exhibit P4 Government Order, dated 27 March, 1968, ordered that Government service put in prior to entry in aided school service will be counted for the purpose of pension. Therefore, a combined reading of Exhibits PI to P4 makes it clear that employees of pensionable establishments and autonomous bodies in State Government service taking up employment in Central Government and autonomous bodies will be entitled to count their service for the purpose of pension. Likewise, employees of aided schools will be entitled to count their service either before entering Government service or after having Government service for the purpose of pension. Thus, aided school service is liable to be counted for the purpose of pension in case the employee is able to club it with the State Government service whether it is before or after. As per Exhibit PI Government Order, the service, in pensionable establishments and autonomous bodies prior to entering Central Government service and service in autonomous bodies were liable to be counted for the purpose of pension subject to the condition that the pro rata pension liability will be borne by the State Government. If that be the position, there is absolutely no justification in denying the benefit of aided school service for the purpose of pension for the only reason that after the aided school service which is pensionable, an employee had joined the Government of India/autonomous body in the Central sector. The essential and crucial question is whether the service is pensionable and not whether the service is in a pensionable establishment. That it is so is clear from the stand taken by the State Government itself in Exhibits P2, P3 and P4 Government Orders clarifying the position regarding service in autonomous bodies and aided schools whether it is before joining the State Government service or after joining State Government service. Pensionable service in pensionable estabishments and autonomous bodies can be clubbed with Central service. Aided school service admittedly being a pensionable service, there Is absolutely no justification in denying the benefit thereof for the purpose of pension clubbing it with the Central Government service or service in an autonomous body under Central sector. As otherwise, it would amount to violation of the guarantee under Art. 14 of the Constitution of India, being discriminatory. I set aside the impugned orders. There will be a direction to the first respondent to treat the aided school service of the petitioner as coming, under Exhibit PI Government Order and discharge Its liability of remission of pro rata pension. Appropriate action shall be taken within a period of three months from the date of production of a copy of the judgment.
The original petition is disposed of as above.
Order accordingly.
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