Judgment :- Abdul Gafoor, J. This Original Petition was filed by a teacher who retired from service of Kendriya Vidyalaya Sangathan.. He will be described as teacher in this original petition. On his death, his children had got impleaded as additional petitioners 1 to 3. 1. The teacher fried this original petition seeking a direction to the respondent, the State Government, to issue final orders to make lumpsum payment to the Kendriya Vidyalaya Sangathan (hereinafter called K.V.S.)the share of the State Government's. liability of petitioner's pensionary benefits so as to enable him to get the benefit of the services he had rendered in aided school in this State for computing his pension and other terminal benefits under the K.V.S. Subsequent to the filing of the original petition, Government issued Ext. P6 order produced along with C.M.P. 2911/93 seeking amendment of the original petition, declining the request of the petitioner on the ground that the cases of aided school teachers are not governed by Ext. R1 order which forms the basis for Ext. P6. In other words, Ext. R1 covers only State Government employees and aided school teachers are not State Government employees. Therefore, they are not entitled to get one time payment of pensionary benefits to the subsequent employer for counting the aided school service for pensionary service. 3. The facts in this case are admitted. The teacher was an aided school teacher in this State during the period from 4-6-1956 to 2-11-1965 in U.P. School as well as in a High School. It was at the time, when he was working as a High School Assistant, he got appointment in K.V.S. and he took up the appointment without any break in service from 3-11-1995 onwards. The teacher retired from service on 28-2-1990. 4. While he was in service, based on his request, the K. V. S. ascertained the consent of the Director of the Public Instruction to count the service he had rendered in the aided school in the State for the purpose of retirement benefits. The K.N.S. expressed their preparedness to count that service provided the State Government was prepared to pay the prorata terminal benefits for the service rendered as an aided school teacher. There was correspondence between K. V. S. and the Director of Public Instruction as seen from Exts. P1 and P,2 on the subject. The K.N.S. expressed their preparedness to count that service provided the State Government was prepared to pay the prorata terminal benefits for the service rendered as an aided school teacher. There was correspondence between K. V. S. and the Director of Public Instruction as seen from Exts. P1 and P,2 on the subject. The Government also collected the details from the Director and issued Ext. P4 letter to the K.V.S., accepting in principle their readiness to reckon the aided school service of the teacher for the purpose of retirement benefits payable by the K. V.S. The Government also sought for the details regarding payment, mode of payment, quantum of payment etc. in Ext. P4 addressed to K.V.S. Kendriya Vidyalaya Sangathan informed these details, as averred by theteacherinLetterNo.F16-Estt/91/KVS(MR)/12303 dated 7-11-1991. There was no action on the part of the Government. The teacher represented the matter before the respondent in Ext. P5. There was no action and it was in the above circumstances he approached this court seeking a direction as aforesaid. 5. Subsequent to the filing of the original petition, he was issued with Ext. P6 stating that aided school teachers cannot reckon the benefit of past service when they join K.V.S. or any other Central Government service as ordered in G. O. (P) 369/87/Fin. dated 31-3-97. The said order is marked as Ext. R1 along with the counter affidavit of the Government. 6. Thus, the only case of the Government is that being an aided school teacher, the teacher is not entitled to the benefit for the pro-rata payment, on service share basis to be paid to the K.V.S.,so that the teacher can count the service rendered in aided school for the purpose of retirement benefits payable by the K.V.S. The relevant rules in this regard are that contained in Chapter XXVII-BK.E.R. and Rule 64 Part III K.S.R. Based on these rules, the Government's stand is totally unjustified. Admittedly, the teacher had opted the rules in Chapter XIV-C K.E.R. Chapter XIV-C optees are governed by Chapter XXVH-B K.E.R. in the matter of grant of pension. That Chapter came into force on 1-10-1964. The teacher left the aided school service on 2-11-1965, after enforcement of the rules in the said Chapter. Admittedly, the teacher had opted the rules in Chapter XIV-C K.E.R. Chapter XIV-C optees are governed by Chapter XXVH-B K.E.R. in the matter of grant of pension. That Chapter came into force on 1-10-1964. The teacher left the aided school service on 2-11-1965, after enforcement of the rules in the said Chapter. Rule 3 in the said Chapter reads as follows: "The rules 'on retirement benefits including family pension and death-cum -retirement benefits and all the conditions for the grant of these benefits applicable to Government Servants as laid down in Part III, Kerala Service Rules as amended from time to time, shall mutatis-mutandis apply to the teachers governed by the rules in this Chapter.' (emphasis supplied) Thus, the benefits available to Government Servants for family pension and death-cum-retirement benefit which includes pension and gratuity, family pension and death-cum-retirement gratuity benefit contained in Part III Kerala Service Rules are applicable to the aided school teachers. The benefits regarding gratuity and pension are quantified in terms of Rule 64 in Part III K.S.R. As per this, persons having service less than ten years are entitled only to gratuity whereas those having ten or more years of service are entitled to pension as well as gratuity. The Government cannot dispute the applicability of Rule 64 in terms of Rule 3 Chapter XX VII-B K.E.R. Therefore, in terms of these two Rules, the teacher admittedly having more than nine years of service in aided school in entitled to about nine months emoluments as gratuity. In terms of Rule 57 Part III K.S.R.,a person having nine years full service and even a fraction of less than half years service can round it as ten years for the purpose of getting minimum pension. The petitioner has admittedly more than nine years of service as he commenced aided school service on 4-6-56 and left it on 2-11-65. So, accordingly, he is entitled to 10/80th of his average emoluments as pension apart from the gratuity. This entitlement in terms of Rule 3 Chapter XXVII-B K.E.R. read with Rules 57 and 64 of Part HI K.S.R. cannot be denied. For its application, the petitioner does not need any help of Ext. R1. Thus, the petitioner is entitled for the benefit of death-cum-retirement benefits mentioned in Rule 3 Chapter XXVH-B K.E.R. in terms of Rules 57 and 64 of Part III K.S.R. 7. For its application, the petitioner does not need any help of Ext. R1. Thus, the petitioner is entitled for the benefit of death-cum-retirement benefits mentioned in Rule 3 Chapter XXVH-B K.E.R. in terms of Rules 57 and 64 of Part III K.S.R. 7. The next question is whether the retirement benefits as aforesaid entitled to the teacher shall be transferred to K.V.S. where he had joined on 3-11-1965. Even Rule 3 Chapter XXVII-B K.E.R. makes aided school teachers in par with Government servants in the matter of grant of pension. Exhibit R1, an order regarding retirement benefits is passed by Government because the government servants are entitled for pensioning terms of Part III K.S.R. which is mutatis-mutandis made applicable to aided school teachers. If the government servants were not entitled to retirement benefits in terms of Part III K.S.R.,naturally Ext. R1 would not have been passed by the Government. So, it is only because the retirement benefits as contained in Part III K.S.R. are applicable to Government servants that Ext. R1 is issued. This is discernible from the last paragraph of Ext. R1 itself. "Lamp sum amount of the pro-rata pension" will be determined with reference to commutation table laid down in Kerala Service Rules Part III. So, the benefit extend to the government servant in Ext. R12 is "the benefits as laid down in Part III Kerala Service Rules" which are made applicable mutatis-mutandis to the aided school teachers in terms of Rule 3 Chapter XXVII-B K.E.R. So, even in terms of Ext. R1 itself, as the benefit conferred by it as is the benefit as per the rules in Part III K.S.R. that is applicable to aided school teachers as well. So, Government's view as contained in Ext. P6 is not tenable and accordingly Ext. P6 is quashed. The Government is directed to pay the benefits as eligible to the teacher in terms of Rules 57 and 64 of Part HI K. S.R. read with Rule 3 Chapter XXVII-B K.E.R. for the service put in by him in the aided school to the K. V.S. without any delay and at any rate within three months from today. O.P. is allowed as above. No costs.