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2006 DIGILAW 63 (KER)

Joseph K. S. v. State of Kerala

2006-01-30

K.A.ABDUL GAFOOR, K.THANKAPPAN

body2006
JUDGMENT K. A. Abdul Gafoor, J. 1. The writ petitioner is the appellant. He is a retired teacher who had won the National Award for Teachers. He is aggrieved by the judgment impugned by which it was held that the service of the writ petitioner from 31/12/1987 cannot be counted for claiming pensionary benefits. 2. Going by Ext. P1 Government Order, such teachers are entitled to extension of their service by one year. The normal date of retirement of the writ petitioner was 31/12/1987. As per Rule 60(c) of Chapter VIII, Part I of the Kerala Service Rules, the writ petitioner was eligible to continue in service upto 31/03/1988, but he was not entitled to get any increment for the above three months. As per Ext. P1 Government Order, the writ petitioner was entitled to continue in service till 31/03/1989. Since no pensionary benefits were given to him for the said period, he filed OP No. 35086 of 2002. The learned Single Judge, relying on the decision of a Division Bench of this Court reported in Krishna Panicker v. State of Kerala, 2002 KHC 186 : 2002 (1) KLT 889 : ILR 2002 (2) Ker. 576 turned down the claim against which this writ appeal is filed. 3. The attack against the judgment impugned is based on the decision of a Full Bench of this Court reported in Accountant General v. Neelakantan Nair, 2003 KHC 1123 : 2003 (3) KLT 525 : 2003 (3) KLT 345 : 2003 (2) KLJ 700 : ILR 2003 (3) Ker. 169. In paragraph 11 of the judgment it is categorically held as follows: "........ Thus, the teachers in the aided schools shall be entitled to the benefit of increment etc. for the service rendered after attaining the age of 55 years." From the above, it can be seen that the decision relied on by the learned Single Judge has been overruled. The claim of the writ petitioner has to be reexamined in the light of the Full Bench decision. Hence, the judgment impugned is set aside and the Government is directed to reconsider the case of the writ petitioner / appellant. The Writ Appeal is disposed of as above.