IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WA.No. 247 of 2006() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.34491/2000 .................... APPELLANTS: RESPONDENTS ------------------------------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS RESPONDENTS: PETITIONER ------------------------------------------- E.J.VELAYUDHAN CHETTIAR, HEADMASTER (RETIRED), GOVERNMENT HIGH SCHOOL, KODUVAZHANNOOR. BY ADV. SRI.K.A.ABRAHAM. THIS WRIT APPEAL HAVING COME UP FOR FINALLY HEARD ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.247 OF 2006 ------------------------------------- Dated 15th July, 2008 JUDGMENT Koshy,J . Writ petitioner retired as Headmaster from a Government High School. His date of birth was corrected as 21.8.1933 instead of 9.1.1932 as recorded in the service records. Since the Government has corrected the date of birth notionally, he can continue in service up to 31.3.1989, end of the academic year. It is true that, originally, his application for correcting the date of birth was rejected, but, somehow by Ext.P7 order it was corrected with the following observations: “Government have examined the case in detail and are pleased to order that the Date of Birth of Shri.E.J.Velayudhan Chettiar, Retd. Head Master, noted in the Service Book as 9.1.1932 may be corrected as 21.8.1933 and the period from 1.6.1987 to 31.3.1989 may be treated as duty for all purpose, except pay and allowances.” In view of Ext.P7 order writ petitioner is entitled to retiral benefits taking into account the above period also. Accordingly reliefs were granted by the learned single Judge. Contention of the appellant is that the learned Judge directed to refix the gratuity for 32 years. In view of the amended W.A.247/2006 2 Rule 60(c) of Part I of Kerala Service Rules and Rule 62 of Chapter XIV A of the Kerala Education Rules, he is entitled for gratuity and service benefits, only for the period upto 31.8.1988. Therefore, he is entitled to gratuity, taking into account the fact that he retired notionally on 31.8.1988. For calculating pensionary benefits, Government has to refix his pay as if he continued in service up to 31.8.1988 even though he was entitled to continue in service upto 31.3.1989. Learned Judge directed to pay festival allowance for the years 1986-87, 1987-88 and 1988-89. Since retirement age was refixed with a specific contention that pay and allowances will not be given, petitioner is not entitled for festival allowance for the years 1987-88 and 1988-89, but, he is entitled to the same for the year 1986-87 as he worked during that period. In view of the categorical notional extension of retirement age in Ext.P7, no other change is required in the judgment of the learned single Judge. The appeal is disposed of accordingly. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks