IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 23023 of 2007(N) -------------------------------- PETITIONERS: ---------------- 1. C.K.UPENDRAN, RETIRED PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, RESIDING AT 'BHAVANA', MANNANTHALA, THIRUVANANTHAPURAM. 2. K.HAMSAVAHANAN, RETIRED PROFESSOR, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, RESIDING AT 'SREEBHAVAN', YAMUNA NAGAR, SREEKARYAM, THIRUVANANTHAPURAM. BY MR.P.V.JAYACHANDRAN, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL, A&E, SECRETARIAT, THIRUVANANTHAPURAM. BY MR. MUHAMMED FAZIL M.P, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23023/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(P) No.3001/98/FIN. DTD. 25.11.98. EXT. P2 : COPY OF G.O.(P) No.118/01/91/FIN. DTD. 17.1.01. EXT. P3 : COPY OF JUDGMENT DTD. 24.7.2003 IN W.A.No.3951/01. EXT. P4 : COPY OF JUDGMNET DTD. 11.7.05 IN CIVIL APPEAL No.3603/05. EXT. P5 : COPY OF REPRESENTATION DTD. 15.7.05. EXT. P6 : COPY OF G.O.(P) No.536/05/(155) DTD. 15.12.05. EXT. P7 : COPY OF NOTIFICATION No.G.O.(P) 331/2006/FIN. DTD. 10.8.06. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23023 OF 2007 --------------------------------------- Dated this the 11th day of June, 2009. J U D G M E N T The petitioners are retired Professors under the first respondent-Government. They were working in the Government Engineering College on the date of retirement. They attained the age of superannuation on 11.09.1996 and 10.09.1996 respectively and continued the service on the basis of Rule 60(c) of Part I Kerala Service Rules. The petitioners have actually retired from service on 31.03.1997. 2. The petitioners mainly contend that they are entitled for the benefit of gratuity and commutation benefits based on the extended period of service upto 31.03.1997 in the light of G.O. (P) No.3000/98/Fin dated 25.11.1998. The Government has amended Rule 60(c) of Part I of Kerala Service Rules as per Exhibit P7. Going by Exhibit P7, the extended period of service will not count as qualifying service for pension and the pay received during the period will not be reckoned for computing average emoluments or pensionary benefits or commuted value of pension. W.P.(C) No.23023/2007 2 3. The validity of the above provision has been upheld by a Division Bench of this Court in State of Kerala vs. Gopalakrishna Pillai (2009(2) KLT 39). In paragraph 14, it was held thus: “In view of the amendments introduced to R.60 of Part I of the K.S.R. and R.63 of Part III of the K.S.R. with retrospective effect from 15.5.1986, we feel that it is not necessary to venture to interpret the Rules concerned. Any ambiguity in those Rules concerning the effect on terminal benefits, by reason of the extension of service beyond the normal date of retirement, has been cleared now. In the connected Writ Petition, we have already upheld the validity and also the retrospectivity given to the amended Rules......”. In view of the authoritative pronouncement by a Division Bench of this Court, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp