IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 6467 of 2008(T) ----------------------------------- PETITIONER(S): PETITIONERS ------------------------ 1. PROF.N.BHASKARA PILLAI MAYOORAM,T.C.15/632, USRA 97 U.S.ROAD, VELLAYABALAM,SASTHAMANGALAM, THIRUVANANTHAPURAM -10. 2. PROF.K.VASANTHAKUMARI HOUSE NO.42,LEKSHMIPRIYA, SANTHI NAGAR, THIRUVANANTHAPURAM-1. 3. PROF.K.SAKUNTHALA DEVI HOUSE NO.3,SANTHOSH NAGAR MUTTADA, THIRUVANANTHAPURAM. 4. PROF.V.K.RAGHAVAN NAIR ALPHA,N.S.S.COLLEGE ROAD KAIMANAM, THIRUVANANTHAPURAM. BY ADV. MR.P.GOPALAKRISHNAN NAIR RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION VIKAS BHAVAN, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2009, ALONG WITH WPC NO. 6651 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6467/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE ORDER, GO(P) NO.171/99/H.EDN. DT. 21.12.99. P2:- COPY OF THE AMENDED RULE 60 (C) OF PART I KSR VIDE SRO NO.591/06. TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C).Nos.6467 & 6651 of 2008 ---------------------------------------------- Dated 1st April, 2009 JUDGMENT Heard Sri.P.Gopalakrishnan Nair, the learned counsel appearing for the petitioners in W.P.(C)No.6467 of 2008, Sri.S.Harikrishnan, the learned counsel appearing for the petitioner in W.P.(C)No.6651 of 2008 and Sri.T.T.Muhamood, the learned Government Pleader appearing for the official respondents. 2. The petitioners are College Teachers. They challenge Rule 60(c) of Part I of the Kerala Service Rules as amended, which stipulates that the extended period of service from the date on which they attained the age of superannuation till the date of actual retirement will not count for increments and pensionary benefits. Rule 60(c) of Part I of the KSR also stipulates that during such extended service teachers will not be entitled to promotion. The validity of the amendments to Rule 60(c) of Part I of the KSR incorporating the above stipulations was challenged in a series of petitions. By judgment delivered on 16.2.2009 in W.A.No.1432 of 2005 and connected cases, a Division Bench of this Court upheld Rule 60(c) of Part I of the KSR and also Rule 63 of Part III of the KSR. In the light of the decision of the Division Bench of this Court in W.A.No.1432 of 2005 and connected cases, the reliefs sought WP(C).Nos.6467 &6651 of 2008 2 for by the petitioners in these writ petitions cannot be granted. The writ petitions fail and are accordingly dismissed. P.N.RAVINDRAN Judge TKS