VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these appeals are preferred against the judgment of the learned single Judge dated 14/03/2006 in WP (C) No. 24591 of 2005. WA 1348 of 2006 was filed by the petitioner and the other appeal was preferred by the official respondents. Hereinafter the parties are referred to as they are arrayed in the writ petition. Petitioner was appointed as a P. D. teacher in U. P. S. Thuruthikara (an aided school) during the academic year 1963-64. While so, he was selected for training. After training, he rejoined the school on 08/06/1965. Later, he was thrown out for want of post and had to work as a protected teacher. Thereafter, his service was regularised in Government school. While so, he was superannuated in December, 1996. In view of the special provision in R.60(c) of the Kerala Service Rules, he continued in service till 31/03/1997, the last day of the academic year. In the meanwhile, pay revision orders were issued by the Government implementing pay revision with effect from 01/03/1997. His claim for revision of pay and consequential benefits was rejected by the authorities. It is in this background, though late, the writ petition was filed with the following reliefs:

(2.) Learned Single Judge found that the claim for pay revision and consequential benefits is covered by the decision of this Court in Accountant General v. Neelakantan Nair, 2003 KHC 1123 : 2003 (3) KLT 345 : 2003 (2) KLJ 700 : ILR 2003 (3) Ker. 169]. Accordingly, the second relief was granted. The first relief was declined for the reason that it is highly stale. Third relief sought is a consequential one and the 4th one is not specific.

(3.) Assailing the judgment; so far it declines the first relief, the petitioner has preferred WA No. 1348 of 2006. Assailing the judgment so far it granted second relief, the respondent State and officials had come up in appeal.