IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1809 of 2004(M)
1. N.N.VASUDEVAN NAIR,
... Petitioner
2. C.T.MANI RETD.HEADMASTER, AZAD
3. P.K.KESAVAN, RETD.H.S.A.,NOCHAD
4. C.C.MARIYAMMA, RETD.H.S.A.(MALAYALAM)
5. O.KRISHNA PANICKER, RETD.
6. V.P.MOIDU, RETD. ARABIC TEACHER,
7. N.V.AMMAD, RETD. ARABIC TEACHER,
8. C.J.JOSEPH, RETD. H.S.A., ST.MARY'S
9. M.M.MOOSA, RETD.ARABIC TEACHER,
10. P.GOVINDAN, RETD.P.E.TEACHER,
11. K.C.MARIAMMA, RETD. H.S.A.,
12. P.V.KUMARAN, RETD.H.S.A., M.U.M.HIGH
13. M.ABDURAHIMAN, RETD.H.S.A.,
14. MABEL LILLY, RETD.U.P.S.A,
Vs
1. SECRETARY TO GOVT.OF KERALA,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/04/2009
O R D E R
HARUN-UL-RASHID, J.
----------------------------------------
W.P.(C) No. 1809 of 2004
----------------------------------------
Dated this the 2nd day of April, 2009
JUDGMENT
Petitioners are the retired School teachers . By virtue of the
provisions contained in Rule 62 of Chapter XIV A, KER their date of
retirement was extended till the end of the academic year. Accordingly all
of them retired from service by the end of the academic year 1996-97.
2. The grievance of the petitioners is that the benefits of Pay
Revision Order which was given effect to from 1.1.1997 were not granted
to them by the Government only for the reason that they were on extended
service and retired from service at the end of the academic year 1996-97,
because of the statutory concessions granted to the petitioners either
under the Kerala Service Rules or under the Kerala Education Rules.
3. According to the petitioners they are entitled to get the
benefits of pay revision and consequential benefits germane to the pay
revision orders. It is pointed out by them that this Court in Accountant
General Vs. Kunjamma 2003 (3) KLT 345 (Ext.P1), held that the service
extended beyond the actual date of superannuation till the end of the
academic year shall be treated as actual service rendered by the
teachers. This Court interpreted the relevant rules and regulations and
held that such teachers are entitled to the benefits of pay revision
According to them Ext.P1 Judgment settled the issue once for all
whereby the Government is bound to grant the benefits of pay revision to
the petitioners. Ext. P2 is the representation submitted by the
W.P.(C) No. 1809 of 2004 -2-
petitioners for the said purpose, and the same is pending before the 1st
respondent .
In the above circumstances, there will be a direction to the 1st
respondent to consider Ext.P2 representation and pass appropriate order
in the light of the relevant rules and regulations and in the light of the
principles in the judgment quoted above. The order shall be passed within
a period of 3 months from the date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
(HARUN-UL-RASHID, JUDGE)
es.
HARUN-UL-RASHID, J.
—————————
W.P.(C) No. 1809 of 2004
—————————-
JUDGMENT
2nd April, 2009