IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 OP.No. 22657 of 2000(V) ----------------------- PETITIONER(S): --------------- 1. M.SARASWATHY AMMA, “SANTHINIKETAN”, NIRANAM P.O., KADAPRA. 2. S.RADHAMMA 'RADHABHAVAN', KURATTIKADU, MANNAR. 3. P.L.RADHAMANIAMMA, 'PRASANTH', FORT, MAVILIKKARA. 4. ACHIYAMMA IYPE, THURALAYIL, KOTTAKADAVU PO., MAVELIKKARA (VIA), ALAPPUZHA DISTRICT. 5. ELIZHABATH MAMMEN, ALAPPURATH, PRAIKARA, MAVILIKARA. 6. PADMAKUMARI AMMA, PADMA VIHAR, PELE P.O., THATTARAMBALAM, MAVELIKKARA. 7. K.M.JOSEPH, ANCHAKUNNATH HOUSE, UZHAVOOR EAST PO. KOTTAYAM DIST. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. THE ACCOUNTANT GENERAL, O/O. ACCOUNTANTANT GENERAL, TRIVANDRUM. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT., SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 8.1.2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No. 22657/00 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GOVT. ORDER DTD.6.4.98. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 22657 of 2000 ================== Dated this the 8th day of January, 2010 J U D G M E N T The petitioners are teachers who continued in service beyond the age of superannuation till the end of the academic year by virtue of the provisions of Rule 60(c), Part 1 of KSR read with Rule 62 of Chapter XIV-A of the KER. All of them retired from service on 31.3.1997. The Government brought into force pay revision for Government employees and teachers with effect from 1.3.1997. The petitioners have filed this original petition seeking the benefits of the pay revision since they retired from service only on 31.3.1997, ie, after the implementation of the pay revision order. The petitioners, therefore, seek the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to refix the petitioners' pensionary benefits in the revised scale which came into effect on 1.3.1997. ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to pay all benefits under the revised scale.” Subsequently the Government has amended the rules retrospectively making persons who have retired from service by virtue of the above said rule ineligible for such benefits. The same was under challenge before this Court in a batch of writ petitions and ultimately, by the decision in State of Kerala v. Gopalakrishna Pillai 2 [2009 (2) KLT 39], the validity of the retrospective amendment was upheld. Consequently, the petitioners are also not entitled to the benefits of the pay revision. The counsel for the petitioners would submit that an SLP is pending before the Supreme Court against that judgment. I am of opinion that despite the pendency of the SLP, I am bound by the above said decision of this Court. Therefore, following that decision, this original petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 22657 of 2000-V ================== J U D G M E N T 8th January, 2010