IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WA.No. 1685 of 2007() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26322/1999 Dated 15/09/2006 .................... APPELLANTS: RESPONDENTS IN THE OP ------------------------------------------------------ 1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL, KERALA, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SHRI BENNY GERVASIS RESPONDENTS: PETITIONERS IN THE OP ------------------------------------------------------- 1. M.S.RUKKIYA, (RETIRED P.D.TEACHER, GOVT. TOWN U.P.SCHOOL, MUVATTUPUZHA), PALLUMPURATHY, NEAR PANCHAYAT OFFICE, PEZHAKKAPPILLY, PIN 686 674. 2. O.P.SATHY, RETIRED HEAD MISTRESS, GOVT. LPS KOTTAPPADY, NORTH, KOLLAMMAVUDY HOUSE, KOTTAPPADY P.O., PIN 686 695. 3. P.U.PYLEE (RETIRED HEAD MASTER, L.O.SCHOOL, KOOVALLOOR), PUTHUSSERIL HOUSE, PARAMPANCHERI, PULIMTHANAM PO, PIN 686 671. 4. T.J.JOSEPH (RETIRED LPSA, LP SCHOOL, KOVALLOOR), THADIKKATTU HOUSE, CHATHAMATTOM P.O., POTHANICADU, PIN 686 671. 5. P.M.MATHAI (RETIRED UPSA, LF HIGH SCHOOL, CONNUKAL), PEZHUMKATTIL HOUSE, PAREEKANNY P.O., PIN 686 693. 6. N.D.MARIAKUTTY, (RETIRED HEAD MISTRESS, PANCHAYAT U.P.SCHOOL, NEDUMKANDAM) CHEMBAKKASSERIL HOUSE, POTHANIKADU P.O., PIN 686 671. 7. M.K.MTHAIKUNJU, (RETIRED H.S.A., ST.JOHNS H.S. NELLIMATTOM), MUNDAKKAL HOUSE, KOOVALLOOR P.O., POTHANIKKADU, PIN 686671. 8. GEORGE JOSEPH (RETIRED LPSA, GOVT.L.P.SCHOOL, IIIRD CAMP, KALLAR, BALAGRAM PO) NJAVARAKKATTU HOUSE, KODAVOOR P.O., PIN 686 671. 9. A.J.VARKEY, (RETIRED LPSA, ST.JOHN'S L.P.SCHOOL, PAMGALLOOR) AENANICKAL HOUSE, POTHANIKADU, PIN 686 671. BY ADV. SRI.VAKKOM N.VIJAYAN FOR R1TO6,8,9 SMT.VINITHA PRASANNAN FOR R1TO6,8,9 SRI.P.ANIYAN FOR R1TO6,8,9 SRI.A.S.SACHIN FOR R1TO6,8,9 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vsv J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1685 OF 2007 ------------------------------------- Dated 30th June, 2008 JUDGMENT Koshy,J . Writ petitioners are retired teachers. Their age of superannuation is 55. Under Rule 62 of Chapter XIV A of Kerala Education Rules, a teacher who completes the age of superannuation during the course of an academic year shall continue in service till the last day of the month in which the academic year ends. Meanwhile, if there is retrospective revision of wages, they are normally entitled to revised wages and retiral benefits. The above view expressed by a Division Bench of this court was upheld by the Supreme Court in State of Kerala v. Neelakandan Nair (2005 (3) KLT 717 (SC)). But, thereafter, K.E.R. was amended. Rule 60(c) of Part I KSR was amended by which they are not entitled to pension on the revised pay if they completed age of 55 before revision of pay. Learned single Judge did not consider the amendment of the rules. In view of the amendment of the rules which is to be separately challenged, this appeal is allowed and judgment of the learned single Judge is set aside. However, this is without prejudice to the right of the petitioners in challenging the amendment of the rules. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks