IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 34474 of 2010(H) -------------------------- PETITIONER: --------------- BABY.P.K.AGED 60 YEARS, W/O.RAMANATHAN, MOOTHEDATH HOUSE, THUMBUR PO,IRINJALAKUDA. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001 2. ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA, PIN - 680 123 3. ACCOUNTANT GENERAL(AE) O/O.ACCOUNTANT GENERAL,THIRUVANANTHAPURAM PIN - 695 001. BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.34474 Of 2010 ----------------------------------------------------- DATED THIS THE 11th DAY OF JANUARY, 2011 J U D G M E N T The petitioner retired from service on 31.3.2006, while serving as Headmistress in the Government U.P.School, Kadukkassery. She had attained the age of superannuation on 31.10.2005, but continued till the end of the academic year. The claim is for certain benefits based on Exhibit P1 which came into force from 25.3.2006. The petitioner is relying upon the decision of the Apex Court in State of Kerala and Anr. v. P.V.Neelamandan Nair and Ors.(SLJ 2005(3) SC 130) a copy of which is produced as Exhibit P4. 2. The learned Government Pleader submitted that the petitioner will not be entitled for the said benefit in the light of the amendment of the Rules and which has been upheld by a Division Bench of this Court in State of Kerala v. Gopalakrishna Pillai (2009(2) KLT 39). This Court upheld the retrospective effect of the amendment made to Rule 60(c) Part I of KSR, Rule 62 Chapter XIV-A of KER and Notes 6 to 9 to Rule 63 Part III KER. W.P.(C)No.34474/10 -2- 3. In the light of the above, the petitioner is not entitled for the said benefit and therefore the Writ Petition is dismissed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn