MG University aided college teachers elected to local bodies entitled to service benefits, rules Kerala high court
Justice Harisankar V Menon passed the order while allowing the petitions filed by Saji Chacko of Pathanamthitta and Eby N Eliyas of Piravom, who are teachers in aided colleges affiliated to MG University. Both of them were elected and served as presidents of a grama panchayat and a district panchayat, respectively. The govt had rejected their applications for special leave on the ground that such benefits applied only to aided school teachers under the Kerala Service Rules (KSR).
The court noted that the petitioners are governed by the MG University Statutes, 1997, which specifically deal with leave provisions for teachers in aided colleges. It held that Statute 26 of the University Statutes overrides the general provisions of the KSR, and therefore, the rejection of the leave applications on the basis of the KSR was unjustified.
The court also took into account that similar benefits had already been granted to aided school teachers, non-teaching staff of aided colleges and both teaching and non-teaching staff of higher secondary schools.
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It further observed that the state govt has proposed amendments to the University Statutes through the pending University Laws (Amendment) Bill, 2025, to formalise the extension of such benefits.
Allowing the petitions, HC directed that the petitioners be granted special leave, increments, and other service benefits for the period they served as local self-govt representatives. The authorities have been directed to comply with the order within four months.
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