IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 945 of 2009(K)
1. P.K.KUNHAMMU, ARABIC TEACHER
... Petitioner
Vs
1. THE HEADMISTRESS
... Respondent
2. THE ASSISTANT EDUCATIONAL OFFICER
3. THE MANAGER
4. STATE OF KERALA
For Petitioner :DR.GEORGE ABRAHAM
For Respondent :SRI.N.RAGHURAJ
The Hon'ble MR. Justice K.T.SANKARAN
Dated :20/10/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.945 OF 2009
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Dated this the 20th day of October, 2010
JUDGMENT
The petitioner while working as Arabic teacher
in Aided Senior Basic School, Mannalur, Palakkad
District, availed leave without allowance. Rule 60
(c) of Part I KSR was amended by which it was
provided that if the date of superannuation happens
to be during the leave period, the teacher is not
entitled to continue beyond the date of
superannuation unless he joins duty on the
succeeding date of the date of superannuation. As
a teacher, the petitioner could otherwise continue
to work up to 31.3.2007.
2. The petitioner availed commuted leave with
effect from 14.8.2006 to 17.11.2006. Going by his
date of birth, the date of superannuation was
14.8.2006. The petitioner contended that the
amendment of Rule 60(c) of Part I KSR could not
W.P.(C).No.945 OF 2009 2
operate retrospectively taking away the vested
right of the teachers. The petitioner filed WP(C)
No.5218 of 2007 in which as per the interim order,
the petitioner was permitted to continue to work.
WP(C)No.5218 of 2007 was disposed of as per Ext.P7
judgment dated 19.2.2007 directing the Assistant
Educational Officer to take an appropriate
decision. The petitioner was also permitted to
attend duty as a teacher in the school. The
Assistant Educational Officer passed Ext.P8 order
dated 27.3.2007 holding that the petitioner should
be treated as retired with effect from the date of
superannuation. The matter was taken up before the
Government. The Government passed Ext.P10 order
dated 16.6.2008. The operative portion of Ext.P10
reads as follows:
“The case has been examined in detail
with reference to the report of the Assistant
Educational Officer, Kuzhalmannam and the
relevant orders in force.
Rule 60(c) Part I KSRs deals with
Compulsory Retirement of teaching staff of
all educational institutions. By virtue of
Rule 4 to Chapter XXVII B KER, the above Rule
in KSR is made applicable to teachers of
aided schools also. Rule 60(c) Part I KSR has
been amended by G.O(P) No.331/2006/Fin. dated
10.8.06 to the effect that if the teaching
staff who are on leave on the day they attainW.P.(C).No.945 OF 2009 3
the age of 55 years fail to join duty on the
first working day immediately after the date
of superannuation, they shall be retired with
effect from the date of superannuation
itself. Subsequently the Government
clarified that as the amendment takes effect
only from 10.8.06 and those who were
sanctioned or availed of leave prior to
1.8.06 will be permitted to rejoin duty on
expiry of the leave even if the leave extends
beyond their date of superannuation. Later
the above position was further clarified vide
Circular No.30/2007 Fin dated 17.4.07 to the
effect that the restriction that leave cannot
be sanctioned for the extended period of
service will take effect only from 1.4.07 ie,
after 1.4.07 such leave will not be
sanctioned and that leave already sanctioned
prior to 31.3.2007 need not be cancelled. In
view of the above, the petitioner is entitled
to continue in service till 31.3.07 by virtue
of the clarification issued by the Government
in circular No.30/2007/Fin. dated 17.4.07.
Government are therefore pleased to allow the
Ext.P9 revision petition and order
accordingly.
The Assistant Educational Officer,
Kuzhalmannam will take urgent further steps
in the matter.”
3. Thereafter, the Assistant Educational
Officer passed Ext.P13 order dated 27th November,
2008. In Ext.P13, the contention put forward by the
petitioner was not accepted. The petitioner filed
Ext.P16 revision before the Government. It is
stated that Ext.P16 revision is pending disposal.
Though the main relief prayed for in the Writ
Petition is to issue a Writ of Certiorari to quash
W.P.(C).No.945 OF 2009 4
Ext.P13 order, since the petitioner has thereafter
filed Ext.P16 revision before the Government, the
learned counsel for the petitioner submitted that
it would be sufficient, if a direction is issued to
the Government to dispose of Ext.P16 revision
expeditiously.
In the facts and circumstances of the case, the
Writ Petition is disposed of directing the
Government (4th respondent) to consider and dispose
of Ext.P16 revision filed by the petitioner as
expeditiously as possible, and at any rate within a
period of three months from the date of receipt of
a copy of the judgment, after affording an
opportunity of being heard to the petitioner and
the Manager. The petitioner shall produce a copy of
the Writ Petition, a copy of I.A.No.14201 of 2010
and certified copy of the judgment before the 4th
respondent.
K.T.SANKARAN,
JUDGE.
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