IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 1809 of 2004(M) ------------------------- PETITIONER(S): --------------- 1. N.N.VASUDEVAN NAIR, RETD.HIGH SCHOOL ASSISTANT, N.S.S.HIGHER SECONDARY SCHOOL, ADOOR, RESIDING AT NADUVATHUMANNIL, PATHANAMTHITTA. 2. C.T.MANI RETD.HEADMASTER, AZAD MEMORIAL L.P.SCHOOL, KOODATHI CALICUT, RESIDING AT CHERIYANIRAPPEL, P.O.KOODATHAI BAZAR, THAMARASSERY, CALICUT. 3. P.K.KESAVAN, RETD.H.S.A.,NOCHAD SECONDARY SCHOOL, NOCHAD P.O., CALICUT, RESIDING AT JYOTHI HOUSE, P.O.NOCHAD, (VIA) NADUVANNUR, CALICUT. 4. C.C.MARIYAMMA, RETD.H.S.A.(MALAYALAM) VADAKKUMBAD SECONDARY SCHOOL, PALERI, CALICUT, RESIDING AT PRIYA MANDIRAM P.O.PERAMBRA, CALICUT. 5. O.KRISHNA PANICKER, RETD. HEADMASTER, G.U.P.S.VATTOLI, RESIDING AT OTHAYOTH HOUSE, P.O.VATTOLI, KAKKATTIL. 6. V.P.MOIDU, RETD. ARABIC TEACHER, CHEENAMVEEDU MAPLA SCHOOL, PUTHUPPANAM, VADAKARA, CALICUT DISTRICT, RESIDING AT VELUTHUPARAMBIL, P.O.KADAMERI (VIA) VILLIAPPALLY, CALICUT DISTRICT. 7. N.V.AMMAD, RETD. ARABIC TEACHER, PERODE MLP SCHOOL, CALICUT DIST. RESIDING AT KOROTH HOUSE, P.O.PEROD (VIA) NADAPURAM, CALICUT DISTRICT. 8. C.J.JOSEPH, RETD. H.S.A., ST.MARY'S HIGH SCHOOL, KOODATHAI, CALICUT DISTRICT, RESIDING AT CHERUKATTUVALIL, KOODATHAI BAZAR P.O. (VIA) THAMARASSERRY, CALICUT DISTRICT. 9. M.M.MOOSA, RETD.ARABIC TEACHER, VILLIAPPALLY WEST MLP SCHOOL, CALICUT DIST., RESIDING MANAKKAL HOUSE, P.O.VILLIAPPALLY, CALICUT DISTRICT. 10. P.GOVINDAN, RETD.P.E.TEACHER, C.K.G.M. HIGH SCHOOL, CHINGAPURAM, CALICUT DIST. RESIDING AT PILAVULLAKANDI, P.O.THIKKDI, VADAKARA, CALICUT DISTRICT. 11. K.C.MARIAMMA, RETD. H.S.A., CHAKKALAKKAL H.S., PADANILAM P.O., KOZHIKODE DISTRICT, RESIDING AT VALLANATTU HOUSE, MAICKAVE P.O. (VIA) THAMARASSERY, CALICUT DISTRICT. 12. P.V.KUMARAN, RETD.H.S.A., M.U.M.HIGH SCHOOL, VADAKARA, CALICUT DISTRICT RESIDING AT SREERANGAM, P.O.IRINGAL, KOTTAKKAL, CALICUT DISTRICT. 13. M.ABDURAHIMAN, RETD.H.S.A., MANIYUR PANCHAYATH SECONDARY SCHOOL, VADAKARA, CALICUT DIST., RESIDING AT FAJ MAHAL, P.O.PATHIYARAKKARA, PALAYAD VILLAGE, VADAKARA, CALICUT DISTRICT. 14. MABEL LILLY, RETD.U.P.S.A, M.U.M.HIGH SCHOOL, VADAKARA, CALICUT DISTRICT, RESIDING AT CLARA VILLA, POOVADAM GATE, VADAKARA -3, CALICUT DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. SECRETARY TO GOVT.OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT.SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 1809 of 2003 Appendix Ext.P1: True copy of the judgment of the Full Bench of this Hon'ble Court reported in 2003 (3) KLT 345. Ext.P2: true copy of representation submitted by the petitioners before the Government on 31.10.2003. //TRUE COPY/ HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No. 1809 of 2004 ---------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Petitioners are the retired School teachers . By virtue of the provisions contained in Rule 62 of Chapter XIV A, KER their date of retirement was extended till the end of the academic year. Accordingly all of them retired from service by the end of the academic year 1996-97. 2. The grievance of the petitioners is that the benefits of Pay Revision Order which was given effect to from 1.1.1997 were not granted to them by the Government only for the reason that they were on extended service and retired from service at the end of the academic year 1996-97, because of the statutory concessions granted to the petitioners either under the Kerala Service Rules or under the Kerala Education Rules. 3. According to the petitioners they are entitled to get the benefits of pay revision and consequential benefits germane to the pay revision orders. It is pointed out by them that this Court in Accountant General Vs. Kunjamma 2003 (3) KLT 345 (Ext.P1), held that the service extended beyond the actual date of superannuation till the end of the academic year shall be treated as actual service rendered by the teachers. This Court interpreted the relevant rules and regulations and held that such teachers are entitled to the benefits of pay revision According to them Ext.P1 Judgment settled the issue once for all whereby the Government is bound to grant the benefits of pay revision to the petitioners. Ext. P2 is the representation submitted by the W.P.(C) No. 1809 of 2004 -2- petitioners for the said purpose, and the same is pending before the 1st respondent . In the above circumstances, there will be a direction to the 1st respondent to consider Ext.P2 representation and pass appropriate order in the light of the relevant rules and regulations and in the light of the principles in the judgment quoted above. The order shall be passed within a period of 3 months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 1809 of 2004 ---------------------------- JUDGMENT 2nd April, 2009