IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WA.No. 1355 of 2004(A) --------------------------------- AGAINST THE JUDGEMENT IN O.P.NO.20388/1999 DATED 18/08/2003. .................... APPELLANTS/ RESPONDENTS 1 & 2 IN THE O.P: ---------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. BY GOVT.PLEADER SRI. BENNY GERVACIS. RESPONDENT/ PETITIONER: ----------------------------------------- E. SANTHAKUMARI, RAJ NIVAS, KAVIYOOR, P.O. CHOKLI, KANNUR DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR, ADV. SMT.M.R.SREELATHA. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1355 of 2004 --------------------------------------- Dated this the 28th day of May, 2008 Judgment Koshy,J. Writ petitioner in this case was retired as HSA from Ramavilasam High School, Chokli on 31.3.1997. She was due to retire on 28.2.1997 on attaining the age of superannuation, but, she was allowed to continue in service in view of rule 60 (c) Part I of the Kerala Service Rules upto the end of the academic year. On 25.11.1998 Government introduced pay revision with effect from 1.3.1997. A Full Bench of this Court held that such teachers working on extended period till 31.3.1997 are also entitled to get the benefit of pay revision and consequential grant of pensionary benefits etc. The decision of this court was upheld by the Supreme Court. Thereafter, Government amended the rules retrospectively by Government order dated 10.8.2006 (Annexure A). It has been specifically stated in the rules as follows: "But the extended period of service will not count as qualifying service for pension and W.A.No. 1355/2004 2 the pay received during the period will not be reckoned for computing average emoluments or pensionary benefits or commuted value of pension." The above clause came into force with effect from 15.5.1986. Petitioner will get revised salary for the extended period as that part was not amended retrospectively only with effect from 15.12.2000. Therefore, petitioner is entitled to get revised salary till 31.3.1997 on the basis of the amended rules also. But, as per the amended rules, for retiral benefits, salary has to be calculated on the basis of the salary drawn before the extended period of service. It is submitted that retrospective amendment of the rules to get over the directions in the court judgments and correctness of the above rules are separately challenged by various parties in different writ petitions. In view of the amended rules, petitioner is not entitled to get revised salary for the extended period on the basis of the pay revision order, but, pensionary benefits can be calculated only on the substantive pay when the petitioner attained the age of superannuation (excluding the extended period of service) and arrears of pay can be calculated as per the option. We make it clear W.A.No. 1355/2004 3 that if the rule is struck down by the court in other petitions, petitioner also will get the benefit. This writ appeal is disposed of accordingly. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 1355/2004 4 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1355 of 2004 ------------------------------------- Judgment Dated:28th May, 2008