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CASE NO.: Appeal (civil)  1251 of 2008

PETITIONER: K.V. SANGATHAN & ANR

RESPONDENT: RAGHUNANDAN BHARGAVA & ORS

DATE OF JUDGMENT: 11/02/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN & LOKESHWAR SINGH PANTA

JUDGMENT: JUDGMENT O R D E R

CIVIL APPEAL NO.1251 OF 2008 (Arising out of SLP(C) No.8966/2006)                                                  Leave granted.                 First respondent was an employee of Kendriya Vidyalaya Sangathan and he reti red on  31.12.1999.  Prior to joining Kendriya Vidyalaya Sangathan, it is stated that the respondent   was working as an Assistant Teacher in the Department of Education of the State of Madhya  Pradesh from 4.11.1960 to 7.1.1978.  First respondent filed an Original Application before  the Central Administrative Tribunal, Jabalpur, for reckoning and adding the period of servic e  as Assistant Teacher in the State Education Department to the period of service in the  Kendriya Vidyalaya Sangathan for the purpose of pension.  The Central Administrative  Tribunal, by its order dated 20th April, 2004, allowed the Original Application and directed   the State government as well as Kendriya Vidyalaya Sangathan who were respondents to  count the period  of service rendered by the first respondent herein under  the  State   Government  for  calculating the qualifying  

                                               -2- service for pensionary benefits and pay him pension accordingly.                             

                        Aggrieved by this Order, the Kendriya Vidyalaya Sangathan filed a writ petition befo re the  High Court and the same was dismissed.  Aggrieved by the same, Kendriya Vidyalaya  Sangathan filed this appeal.    Heard learned counsel for the parties.         Learned counsel appearing for the Kendriya Vidyalaya Sangathan submitted that first  respondent is entitled to get pension for the period he had served with the Kendriya  Vidyalaya Sangathan and if the period from 4.11.1960 to 7.1.1978, during which he worked  as Assistant Teacher with the State Education Department is to be added, the State  Government has to make pro-rata contribution.  The Government of India, by Official  Memoranda dated 29.8.1984 and 7.2.1986 has clarified that scheme for counting previous  service will apply to employees of State Government (including State of Madhya Pradesh)  moving to central autonomous bodies.  The scheme requires the previous employer (State  Government) to accept pension liability for the service in accordance with the principles la id  down in the said official memorandum.  In view of it State of Madhya Pradesh has to  workout the pension liability of the State qua first respondent for the period he had worked  in  the State Government, in terms of the said official memoranda.   The  first  respondent  wil l  produce all

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                                               -3- service records available with him to the Directorate of Public Education, State of Madhya  Pradesh within a period of six weeks and appropriate order shall be passed by the State  Government  quantifying  the  pro-rata  liability  and  amount  should be available to the Kendriya Vidyalaya Sangathan within four months therefrom so  that the revised pension shall be paid to the first respondent at the earliest at least afte r six  months.                 The appeal is disposed of accordingly.