Kerala High Court
V.A.Valsalan vs The State Of Kerala on 10 October, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:75630
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WP(C) NO. 32452 OF 2023
PETITIONER:
V.A.VALSALAN
AGED 60 YEARS
S/O (LATE) VN APPUKUTTAN, RESIDING AT VATHUSSERY
HOUSE, CHALAKKUDY, THRISSUR, PIN - 680307.
BY ADVS.
SRI.MANU GOVIND
SRI.A.JAYASANKAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FINANCE
(B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 GOVERNMENT OF PUDUCHERRY
REPRESENTED BY SECRETARY (HIGHER AND TECHNICAL
EDUCATION), CHIEF SECRETARIAT, PONDICHERRY,
PIN - 605001.
3 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
KALADY, REPRESENTED BY ITS REGISTRAR,
PIN - 683574.
BY ADV SRI.DINESH MATHEW J.MURICKEN
SRI. PREMCHAND R. NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 32452 OF 2023
2
T.R. RAVI, J.
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W.P.(C) No.32452 of 2023
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Dated this the 10th day of October, 2025
JUDGMENT
The prayer of the petitioner is to reckon the service
rendered by him between 15.02.1991 and 19.08.2010 for the
purpose of pensionary benefits under the 3 rd respondent. The
petitioner had served under the 2 nd respondent, which is the
Government of Puducherry in the Mahatma Gandhi College,
Mahe during the period between 15.02.1991 and 19.08.2010.
The claim of the petitioner is that the said service should be
treated as service under the Central Government and
reckoned for the purpose of pensionary benefits. The fact that
prior service under the Central Government is reckonable for
the purpose of pensionary benefits is not disputed. The only
question is whether the service under the 2 nd respondent can
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WP(C) NO. 32452 OF 2023
be treated as service under the Central Government. The 2 nd
respondent is a Union Territory and the employees of the 2 nd
respondent are selected by the Union Public Service
Commission and the appointing Authority is the Lieutenant
Governor as can be seen from Exts.P1 and P2. The orders
relating to reckoning of prior service have been produced
along with the writ petition. It can be seen from Exts.P9 and
P10 that though earlier a service in Central
Government/Central Public Sector undertakings was being
reckoned, the said position was varied and the service under
the Central Public Service Undertakings was ordered to be
not reckonable for the purpose of pensionary benefits. There
is no case that a service under the Mahatma Gandhi College,
Mahe is a service under a Public Sector Undertaking or like
institutions. The contention that the petitioner was appointed
through the Union Public Service Commission by the
Lieutenant Governor is also not disputed. The order whereby
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the benefit is rejected appears to be one issued treating 2 nd
respondent as a State which is necessarily erroneous.
In the above circumstances, Ext.P13 is set aside.
There will be a direction to the 1st respondent to consider the
service of the petitioner under the 2nd respondent not as a
service under any State but as a service under a Union
Territory which has a special position under the Constitution
of India, and headed by the President of India, though not in
his capacity as the President, and acting through the
Lieutenant Governor, and pass fresh orders. The petitioner
shall be afforded an opportunity of being heard before orders
are issued. Necessary orders shall be issued within three
months from the date of receipt of a certified copy of this
judgment.
Sd/-
T.R.RAVI
JUDGE
mpm
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WP(C) NO. 32452 OF 2023
APPENDIX OF WP(C) 32452/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE ADVICE MEMO NO.F.1/77/B9-
R.IV/ROLL NO.21 DATED 04.04.1990.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER
NO.51456/EDN/E4/90 DATED 12.02.1991.
Exhibit P3 THE COPY OF THE APPOINTMENT ORDER
NO.AD.A2/8398/SSUS/10 DATED 20.08.2010
ISSUED BY THE THIRD RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER
NO.ADA1/14297/SSUS/2022 DATED 27.04.2023
ISSUED BY THE THIRD RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER GO(MS) NO.22 DATED
06.09.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER
NO.AD.A3/11357/SSUS/2010 DATED 23.09.2021
ISSUED BY THE THIRD RESPONDENT UNIVERSITY
TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE LETTER DATED 21.01.2022.
Exhibit P8 TRUE COPY OF THE LETTER
NO.1-1/A1/MGGAC/ESTT/2022/283 DATED
10.08.2022.
Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER GO(P)
NO.53/2018/FIN DATED 30.03.2018.
Exhibit P10 TRUE COPY OF THE ORDER NO.GO(P)
NO.86/2022/FIN DATED 18.07.2022.
Exhibit P11 TRUE COPY OF THE LETTER
NO.AD.A3/11357/SSUS/2010 DATED 30.05.2023
ISSUED BY THE THIRD RESPONDENT UNIVERSITY.
Exhibit P12 TRUE COPY OF THE REPLY DATED 02.06.2023 OF
THE PETITIONER TO THE THIRD RESPONDENT
UNIVERSITY.
Exhibit P13 TRUE COPY OF THE REPLY GIVEN BY THE FIRST
RESPONDENT ON 17.08.2023 TO THE THIRD
RESPONDENT.
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WP(C) NO. 32452 OF 2023
Exhibit P14 TRUE COPY OF THE LETTER
NO.AD.A3/11357/SSUS/2010 DATED 15.09.2023
FROM THE THIRD RESPONDENT UNIVERSITY TO THE
PETITIONER.
RESPONDENTS' EXHIBITS
Exhibit R3(a) TRUE COPY OF THE ORDER NO.00132/SOADD/
SSUS/2022(1) DATED 18.01.2024 ISSUED BY THE
3RD RESPONDENT.
