The High Court dismissed an appeal challenging the university's refusal to reckon past service for other service benefits after it had deferred to an order granting such reckoning for pensionary benefits.
The Writ Appeal was dismissed without any relief granted to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR &
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931
WA.No. 1598 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN OP.32643/2002 Dated 19/02/2008
APPELLANT(S):
M.T. RAJAN,S/O. P.M. THOMAS, POOZHIKKAT HOUSE, H.M.T. JUNCTION, KALAMASSERY, KOCHI.
BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENT(S):
ADV. SRI.S.P.ARAVINDAKSHAN PILLAI,SC,COCHI U FOR R1 &2
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ.
WA No.1598 of 2009-E
Dated 19th October 2009
Judgment
Balakrishnan Nair, J.
The writ petitioner is the appellant. The brief facts of the case are the following :
Foundation for Management Education under the Kerala University. The said establishment was wound up on 20.05.1989, after it was transferred to the Cochin University of Science and Technology. Later, the University, by Ext.P3 order
dated 02.05.1990, offered him employment as LD Typist/Stenographer, relaxing the qualifications prescribed for the said post. The said order reads as follows :
“The Syndicate, at its meeting held on 3.3.1990 vide item read as above considered, along with the recommendation of the Standing Committee on Staff and Establishment, the report of the sub-committee constituted to study the residuary matters arising out of winding up of the Foundation for Management Education.
Resolved that Shri.M.T.Rajan, who was working as Typist in the Foundation for Management Education already wound up, be
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offered the post of L.D.Typist/Stenographer in the University with two advance increments, as a special case, without affecting the seniority of any of the present employees in the University and also relaxing the minimum qualifications for the post of L.D.Typist/Stenographer in the University on condition that he be not eligible for any pensionary benefits from the University and undertakes himself in writing that he would accept the above conditions and the terminal benefits and arrears of salary, if any for the period of service put in by him in Foundation for Management Education offered by the Foundation from its own funds as decided by Governing Body of the Foundation.
Accordingly, he was issued a memo, as per which Shri.M.T.Rajan, joined duty as L.D.Typist/Stenographer in the A.N. of 19.4.1990, after producing an undertaking to the effect that he is ready to accept the conditions put forward by the University for appointing him in the University Service.
Sanction is therefore accorded to Shri.M.T.Rajan, Poozhikkat House, C/o.Julee Institute of Commerce, H.M.T.Junction, Kalamassery - 683 104, being appointed as L.D. Typist/Steno in the scale of pay of Rs.865-1450 in the University service w.e.f.19.4.1990 A.N and posted in DRDO Computer Centre.
Shri.M.T.Rajan will be on probation for a period of one year duty within a period of two years from the date of joining and will be governed by the CUSAT Act 1986 and the Statutes and Ordinances thereunder.”
The appellant accepted the conditions imposed in the above quoted order and joined duty. He retired from service on 31.05.1993. Thereafter, he moved the University, praying that
the service rendered by him under the Foundation for
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Management Education, may also be reckoned for computation of his pensionary benefits. The said prayer was allowed by Ext.P7 order and his pensionary benefits were accordingly revised. Later, the appellant moved the University, praying that he may be granted other service benefits also, reckoning his service in the aforementioned Foundation. The said prayer was declined by the University, by Ext.P9 order. So, the Writ Petition was filed, challenging Ext.P9. The learned Single Judge dismissed the Writ Petition. Hence this appeal.
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the Writ Appeal fails and it is dismissed.
K.BALAKRISHNAN NAIR, JUDGE
P.BHAVADASAN, JUDGE
sta
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2 issues framed by the court
Whether an employee who joined a university with a specific exemption regarding pensionary benefits but who was allowed to reckon past service for pension can claim the same past service for other ser
Whether the discretionary refusal of other service benefits after granting pension benefits to an employee constitutes a legal错误或violation of any statutory provision.
M.T. RAJAN
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
K. BALAKRISHNAN NAIR
P. BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
