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1975 DIGILAW 200 (KER)

KUNHAPPAN v. STATE OF KERALA

1975-08-06

P.GOVINDA NAIR, T.KOCHU THOMMEN

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Judgment :- 1. The short question that arises for consideration in this appeal is, whether a person completes a specified age in law on the anniversary of his or her birthday, or on the day preceding that anniversary. 2. This court in Writ Appeal Nos. 225 and 227 of 1975 considered, in connection with R.60 (c) in Chapter VIII in Part 1 of the Kerala Service Rules, the question whether a person has attained a specified age in law on the anniversary of his or her birthday, or on the day preceding that anniversary. This Court held "Whenever law provides that a certain thing shall happen on the date on which a man or woman attains a certain age, it has always been the rule that he or she must be taken to have attained the age on the day previous to the day of the anniversary of his/her date of birth " 3. The relevant provision that arises for consideration in the present case is R.62 in Chapter XIV(A) of the Kerala Education Rules, 1959. This Rule is as follows: "62. Retirement.- A teacher who completes the age of retirement during the course of an academic year but not within one month from the date of reopening shall continue in service till the close of the school for the mid-summer vacation. But if he is on leave on such date with no prospect of returning to duty or on leave from the commencement of the academic year to the date of superannuation he may be retired on the due date. If the teacher applies for any leave other than casual leave during the period of his continuance under this Rule beyond the age of retirement, he shall be retired forthwith." (Italics supplied) 4. In considering R.60(c) of the Kerala Service Rules, this Court cited with approval the decision of the Mysore High Court in Valsala Rani v. Selection Committee (AIR. 1967 Mysore 135) and extracted the following passage: "But in the absence of any such express provision, we think, it is well settled that any specified age in law has to be computed as having been attained or completed on the day preceding the anniversary of the birthday, that is, the day preceding the day of the calendar corresponding to the day of birth of the person." (italics supplied) 5. The Mysore High Court further says in Para.12 of the same judgment as follows: "Mr. E. S. Venkataramiah sought to make a distinction between the words ‘attained' and ‘completed and submitted that even if a person can be said to have attained a specified age on the day previous to the anniversary of his birthday, he cannot be said to have completed that specified age on that day. As the law does not take cognizance of part of a day but treats it as a full day, we think there is no distinction in substance between attaining and completing a specified age." 6. We are in respectful agreement with the observations of the Mysore High Court in the above case. In our judgment R.62 in Chapter XIV(A) of the Kerala Education Rules can only be interpreted to mean that a teacher completes the age of retirement on the day preceding the relevant anniversary of his or her birthday. 7. We dismiss this appeal, and direct the parties to bear their respective costs. Dismissed.