IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 OP.No. 22297 of 1999(D) ---------------------------------- PETITIONERS: --------------------- 1. P.T. UMMERKUTTY, HEADMASTER (RETIRED), GOVT. U.P.S. POOVAM, CHANGANASSERY. 2. T.K. SUKUMARAN, HEADMASTER (RETIRED), GOVT. L.P.S. KADAMANCHIRA, THRIKKODITHANAM, CHANGANASSERY. BY ADV. SRII.JULIAN XAVIER. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHANGANASSERY. BY GOVERNMENT PLEADER SMT. SMITHA BABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 36797/1999 IN O.P. NO. 22297/1999-D DISMISSED 28/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT DTD. 06/11/95 IN O.P. 9106/94. EXT.P.2: COPY OF THE GOVT. ORDER G.O. (RT)500/96/FIN. DTD. 03/02/96. EXT.P.3: COPY OF THE GOVT. ORDER G.O. 9RT).3938/96/GEN. DTD. 04/12/96. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.22297 of 1999-D. ======================= Dated this the 28th day of March, 2008. J U D G M E N T The petitioners herein retired from service on 31.3.1997. The first petitioner retired from service on that day as Headmaster, Government UPS Poovam, Changanassery and the second petitioner retired on that day as Headmaster, Govt. LPS Kadamanchira, Thrikkodithanam, Changanassery. Pursuant to the revision of pay scale for employees ordered as per Government Order GO.(P).No.3000/98/Fin. dated 25.11.1998, the Government permitted exercise of option by the Government Employees, Staff of Educational Institutions, Local Bodies etc. within six months from the date of order. The petitioners exercised their option which were rejected by the respondents. This was apparently because of the fact that the attainment of age of 55 years on O.P.No.22297 of 1999-D. -: 2 :- 24.7.1996 and 18.2.1997 respectively. But it is the case of the petitioners that by virtue of Rule 60(c) of Part I KSR the petitioners could continue in service till the last day of the month in which the academic year ends ie. upto 31.3.1997. The order regarding pay revision ie. 25.11.1998 was fixed from 1.3.1997. 2. Therefore the question is whether in such cases the respondents were bound to accept the option submitted by the petitioners. The said issue is covered by various decisions of this Court and that of the Apex Court. A Full Bench of this Court in Accountant General v. Neelakandan Nair (2003(3) KLT 525) held that the teachers who continued in service till 31.3.1997 are entitled to the benefit of the revised pay scales. The decision of the Full Bench was affirmed by the Apex Court in the decision reported in State of Kerala v. Neelakandan Nair (2005(3) KLT 717). It was held that since Rule 60(c) of Part I KSR statutorily postpones the date of superannuation, the reoption exercised is liable to be O.P.No.22297 of 1999-D. -: 3 :- accepted and all monetary benefits including pensionary benefits have to be granted. In fact, the said question was re-examined recently by a Division Bench of this Court in the decision reported in State of Kerala v. Gopalakrishna Pillai (2007(1) KLT 764). It was held that the benefit of pay revision will be applicable to teachers who continued until the end of the academic year beyond attaining the age of 55 years. 3. The learned Government Pleader, on instructions, submitted that the options submitted by the petitioners was rightly rejected. In the light of the binding decisions of this Court and also of the Apex Court the said stand cannot be accepted. Further Clause (ii) of rule 2 of the amended Rule 60(c) is effective only from 15.12.2000 and hence will not apply in this case. Therefore it is declared that the petitioners are entitled to the benefit of pay revision ordered by GO.(P).No.3000/98/Fin. dated 25.11.1998. The pay and allowances and retirement benefits will have to be worked out as if they have retired from service on 31.3.1997 after accepting O.P.No.22297 of 1999-D. -: 4 :- the option exercised by the petitioners. The benefits due to them will be quantified and disbursed within a period of four months from the date of production of a copy of this judgment. The Original Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-