IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 22537 of 2007(G) --------------------------------------- PETITIONERS: --------------------- 1. P.C.SAROJINI AMMA, AGED 64 YEARS, W/O.LATE N.K.PAVITHRAN, RETD. PRINCIPAL, VOCATIONAL HIGHER SECONDARY SCHOOL FOR GIRLS, CHENGANNUR, RESIDING AT SANDHYA, KEEZHCHERIMEL, CHENGANNUR. 2. P.D.MOHANAN, AGED 65 YEARS, S/O.LATE P.N.DIVAKARAN, RETD.H.S.A, HIGH SCHOOL, KODUMON, KODUMON P.O., PATHANAMTHITTA, RESIDING AT SAROJ, SOUTH FORT, MAVELIKKARA P.O. BY ADVS. MR.S.HARIKRISHNAN, MR.C.UNNIKRISHNAN (KOLLAM), MR.P.S.SREEDHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. W.P.(C). NO.22537/2007-G: 5. THE SUB TREASURY OFFICER, CHENGANNUR. 6. THE SUB TREASURY OFFICER, MAVELIKKARA. R1, R2 & R4 TO R6 BY GOVT. PLEADER SMT. R. BINDU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22537/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELEVANT PAGES OF P.1. PENSION PAYMENT ORDERS ISSUED BY THE R.3. EXT.P1.A: COPY OF THE RELEVANT PAGES OF P.2. PENSION PAYMENT ORDERS ISSUED BY THE R.3. EXT.P.2: COPY OF THE JUDGMENT DTD. 08/09/05 IN W.P.(C).NO.35838/03. EXT.P.3: COPY OF THE G.O.(P).NO.536/2005/(155)/FIN. DTD. 15/12/05. EXT.P.4: COPY OF THE COMMUNICATION NO. 44/7747/2005 DT. 25/09/2006. EXT.P.5: COPY OF THE KERALA SERVICE (11TH AMENDMENT) RULES, 2006 PUBLISHED ON 11/08/2006. EXT.P.6: COPY OF THE G.O.(P)360/86/FIN. DT. 15/05/1986. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ========================================= W.P.(C).No.22537 of 2007 - G =============================== Dated this the 24th day of March, 2009. J U D G M E N T Balakrishnan Nair, J. The point raised in this writ petition is covered against by the decision of a Division Bench of this Court in W.A.No.1432/2005 and connected cases dated 16.2.2009. The learned counsel for the petitioners submitted that by retrospective amendment to the provisions of Rule 60(c) Part I KSR, their vested rights are affected. So, the retrospectivity given to the amendment is bad. In support of their case the learned counsel relied on a decision of Apex court reported in Chairman, Railway Board and Others v. C.R.Rangadhamaiah and Others (1997 (6) SCC 623). The said decision dealt with retrospective the amendment of a rule resulting in reduction of pension. In this case, the service of a teacher extended beyond the normal date of retirement by virtue of Rule 60(c) was never counted for any service benefits. They were paid only the salary they drew in the month of their superannuation during the extended period. They were not given W.P.(C).No.22537 of 2007 - G 2 promotion, increments or pay revision etc. For the first time, by virtue of the decision of a Division Bench of this Court, pay revision benefits were implemented with effect from 1.3.1997 to the teachers who retired on 31.3.1997, even though they reached the age of superannuation before 1.3.1997. Taking cue from that decision, petitioners raised a new claim that the pay revision benefits so granted should be reckoned for pensionary benefits also. This is a claim made after 10 years of their retirement. It is not a claim based on any vested right. Ext.P5 amendment of the Rules did not affect any of the vested rights of the petitioners. Accordingly, the challenge against Ext.P5 is devoid of any merit and therefore the writ petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. bkn/-