IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 12461 of 2009(C) -------------------------- PETITIONER(S): --------------- 1. DR. K.SANKARAN, PROFESSOR OF SURGERY (RETIRED), GOVERNMENT OF MEDICAL COLLEGE, KOTTAYAM, SARANGA, DOCTORS GARDEN, GANDHI NAGAR, KOTTAYAM. 2. V.SIVARAMAN NAIR, RETIRED PROFESSOR, COLLEGE OF ENGINEERING THIRUVANANTHAPURAM. 3. K.BHASKARA KURUP, RETIRED LECTURER (SEL.GRADE), MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. 4. M.K.GOPINATHAN NAIR, RETIRED LECTURER (SEL.GRADE), MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. 5. K.R.PRABHAKARAN, RETIRED LECTURER (SEL.GRADE), MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. 6. V.RAJAN, RETIRED LECTURER (SEL.GRADE), MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. 7. K.K.JOHN, RETIRED LECTURER (SEL.GRADE), MAR IVANIOS COLLEGE, THIRUVANANTHAPURAM. 8. V.DASAN, RETIRED LECTURER (SEL.GRADE), ST.XAVIERS' COLLEGE, THUMPA, THIRUVANANTHAPURAM. 9. FELICITTAMMA, RETIRED LECTURER (SEL.GRADE), ASS SAINTS COLLEGE, THIRUVANANTHAPURAM. 10. S.LEELA, RETIRED LECTURER (SEL.GRADE), V.T.M.N.S.S.COLLEGE, DHANUVACHAPURAM. 11.N.G.KRISHNA PILLAI, RETIRED LECTURER (SEL.GRADE), V.T.M.N.S.S.COLLEGE, DHANUVACHAPURAM. WP(C).No. 12461 of 2009(C) 12. K.UDAYAKUMARI, RETIRED LECTURER (SEL.GRADE), NSS COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM. 13. L.PADMAKUMARI, RETIRED LECTURER (SEL.GRADE), NSS COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM. 14. L.G.VARGHESE, RETIRED LECTURER (SEL.GRADE), S.N.COLLEGE, CHEMPAZHANTHI, THIRUVANANTHAPURAM. 15. B.GOPALAKRISHNAN NAIR, RETIRED LECTURER (SEL.GRADE), MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM. 16. S.GOPALAKRISHNA PILLAI, RETIRED LECTURER (SEL.GRADE), D.B.COLLEGE, SASTHAMKOTTAH. 17. P.B.SANTHA DEVI, RETIRED PRINCIPAL, N.S.S.COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM. 18. SYAMALA KUMARI THANKACHI, RETIRED LECTURER (SEL.GRADE), N.S.S.COLLEGE FOR WOMEN, NEERAMANKARA, THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12461/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of June, 2009 J U D G M E N T The writ petitioners have retired from service from various colleges. Petitioners 1 and 2 have retired from Government Medical College, Kottayam and the College of Engineering, Thiruvananthapuram. Petitioners 3 to 18 have retired as private college teachers. They are aggrieved by the amended Rule 60(c) of Part I K.S.R. 2. The learned Government Pleader submitted that the writ petitioners do not deserve any merit in the light of the decision of a Division Bench of this Court in W.P.(C).No.1905/2007 and connected cases wherein the challenge against the said provision was repelled. In paragraph (14) of the said judgment their Lordships held that “in view of the amendments introduced to Rule 60 of Part I of the K.S.R and Rule 63 of Part III of the K.S.R with retrospective effect from 15/05/1986, 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 W.P.(C). No.12461/2009 -:2:- and also the retrospectivity given to the amended Rules. Since the said amendments now hold the field with retrospective effect, we are of the view that the reliefs sought by the respondents/petitioners cannot be granted.” The petitioners herein are similarly placed. They also are challenging the validity of the amendments to the very same rules. Therefore, the writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) ms