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2001 DIGILAW 184 (KER)

C. R. Anand v. State of Kerala

2001-03-27

M.R.HARIHARAN NAIR

body2001
Judgment :- M.R.Hariharan Nair, J. The grievance of the petitioner, who is the son of late Sri. C.K. Raman, who was a Physical Education Teacher in the GLPS, Kodaly, is that the application for appointment presented by him under the dying-in-harness scheme was returned without consideration vide Ext.P1. 2. Sri. Raman completed 55 years of age on 27-8-1995 and as such would have normally retired from service on that day. However, by operation of Rule 60 (c) Part I of the KSR he was continuing and was entitled to continue in service until 31-3-1996. It was during this extended period that death occurred to him. The question involved here is whether the Government was right in refusing to entertain the application on the ground that the death having taken place after the normal date of retirement, the dependent is not entitled to get the benefits contemplated in the dying-in-harness scheme. 3. The stand taken in the counter is that Rule 60 (c) Part I of the KSR is only an enabling provision and that notwithstanding the continuance of the incumbent after the normal date of retirement he will not be treated as a Government servant in service for the purpose of dying- in -harness scheme. 4. The said question was considered by a Bench of this Court in Sirajudeen V. Director of Public Instruction (1994 (1) KLT 361) and it was found by this Court that notwithstanding the fact that a Government servant has completed 55 years of service, he will be deemed to be a Government servant for the purpose of the said Scheme provided death takes place during the period of actual continuance albeit invoking the benefit in Rule 60 (c) Part I of the K.S.R. 4. During hearing today, the learned counsel for the petitioner brought to my notice G.O. (P) No.1/98/P & ARD dated 5-1-1998 which shows that the Government has accepted the finding in the decision aforesaid as correct and decided to implement the same. During hearing today, the learned counsel for the petitioner brought to my notice G.O. (P) No.1/98/P & ARD dated 5-1-1998 which shows that the Government has accepted the finding in the decision aforesaid as correct and decided to implement the same. It was declared that the dependants of the teaching staff of all educational institutions including principals of Colleges who on completion of the age of 55 years during the course of an academic year, continue in service under Rule 60 (c) Part I of the K.S.R. till the last day of the month in which the academic year ends and who die during the period of such continuance will be eligible for the employment assistance under the Compassionate Employment Scheme. In view of the said Government Order, the petitioner, undoubtedly, is entitled to be considered for appointment under the aforesaid Scheme. 5. The Original Petition is hence allowed and the petitioner is allowed to re-present his application which was originally returned as per Ext.P1 to the authority concerned citing the G.O. (P) No.1/98/P & ARD dated 5-1-1998 supported by additional application forms, if any, required under the present Rules within a period of one month from this date. Alternatively, the petitioner may present a fresh application in accordance with the present Rules within the aforesaid time limit. If any such application is filed, it will be dealt with, considered and disposed of treating it as a valid application field within time and on the merits and appropriate decision taken through a speaking order. Such a decision will be taken within a period of 4 months from the date on which the Government receives the fresh application from the petitioner. The Original Petition is disposed of as above.