IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 OP.No. 20577 of 2000(Y) ----------------------- PETITIONER: ------------ TERESA KOSHY, HEADMISTRESS, LITTLE FLOWER MOUNT, NALAMCHIRA,THIRUVANANTHAPURAM BY ADV. SRI.M.VIJAYAKUMAR SRI.M.RAMESH CHANDER RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.34477/2000 IN O.P.NO.20577/2000 DISMISSED. 11-1-2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE JUDGMENT IN O.P.NO.9106/92 DT. 6-12- 95. EXT.P2. TRUE COPY OF THE REPRESENTATION DT. 8-11-99 EXT.P3. TRUE COPY OF G.O.RT.NO.2432/2000/G.EDN. DATED 14-6- 2000 / TRUE COPY / P.S. to JUDGE KURIAN JOSEPH, J. ----------------------------------------- O.P. No.20577 of 2000 ----------------------------------------- Dated this the 11th day of January, 2008 JUDGMENT The issue raised in this writ petition regarding counting of service after the date of superannuation till the end of the academic year for the purpose of service benefits is covered in favour of the petitioner by the decision of the Supreme Court in State of Kerala and others v. Neelakantan Nair, (2005) 5 SCC 561. The impugned orders are therefore, quashed. There will be a direction to the respondents to take appropriate action in the light of the above decision and disburse the benefits due to the petitioner within a period of three months from the date of production of a copy of this judgment along with a copy of the judgment referred to above. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.20577 of 2000 ----------------------------------- JUDGMENT 11th January, 2008