N KRISHNA PANICKER Vs. STATE OF KERALA

JUDGEMENT

(1.) We are in this case called upon to examine the scope and ambit of Rule 60(c) Part I of the Kerala Service Rules which enables a teacher to continue in service till the end of the academic year if his date of superannuation falls during the course of the academic year.

(2.) Learned single judge of this court referred O.P. No 9595 of 1997 and other connected cases since divergent views have been expressed by learned judges of this court regarding rights of those teachers to claim the benefit of pay revision, increment, higher grade etc. when they continue in service beyond the date of superannuation till the end of the academic year. Learned single judge made reference to the decisions in Reghu v. State of Kerala (1992) (2) KLT 69) and Sirajudeen v. Director of Public Instruction (1994 (1) KLT 361) as well as the judgment in O.P. No. 13284 of 1991. In the above decisions learned judge noted that the court upheld the right to re-option and also directed Governement to grant all monetary benefits including pensionary benefits at the revised pay. In view of the apparent conflict of the views expressed in some of the decisions learned judge felt that an authoritative pronouncement is necessary. Thus the matter is placed before us.

(3.) We will first examine the scope of Rule 60(c) of Part I K.S.R., which is extracted below for easy reference. 60(a) Except as otherwise provided in these rules the date of compulsory retirement of an officer shall take effect from the afternoon of the last day of the month in which he attains the age of 55 years. He may be retained after this date only with the sanction of the Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances. (aa) . (b) . (c)The teaching staff of all educational institutions (including Principal of Colleges) who complete the age of 55 years during the course of an academic year shall continue in service till the last day of the month in which the academic year ends. They shall be entitled to the benefits of incremental and promotion which fall due before the last day of the month in which they attain the age of 55 years. But they shall not be eligible for increment or promotion during the period of their service beyond such date. If they are on leave on the day they attain the age of 55 years and if there is no prospect of their returning to duty before the closing day of the academic year for vacation they shall be retired with effect from the last day of the month in which they attain the age of 55 years. But in cases where officers coming under this rule are under suspension on the date of superannuation or thereafter but before the closing day of the academic year, they shall be retired from service on the date superannuation or on the date of suspension whichever is later. If, however, the day on which the teaching staff (including Principals of Colleges) attain the age of 55 years falls within the period of one month beginning with the date of re-opening of the institutions they shall cease to be on duty with effect from the date of such reopening and they shall be granted additional leave from the date of reopening to the last day of the month in which they attain the age of 55 years. They shall be entitled to the benefit of increment if it falls due before the actual date on which they attain the age of 55 years. If they are eligible to continue in service till the close of the academic year under the first paragraph of this sub rule they shall be granted additional leave from the date of closing for vacation till the last day of the month when the date of closing is earlier than the last day of the month. The additional leave granted under this sub rule will not be counted against the eligible leave and will count for pension. During the period of leave they will draw leave allowance at the same rate as the pay and allowances they would have drawn if they were on duty. Normal retirement date of government employee governed by the Kerala Service Rules is 55 years. He could be retained after the date of superannuation only with the sanction of the Government in public interest which may be recorded in writing. In the case of a teaching staff of educational institutions including Principals of colleges, those who complete 55 years of age during the course of the academic year shall continue in service till the last day of the month in which the academic year ends. If a member of the teaching staff of the educational institution is to superannuate during the middle of the academic year it would adversely effect the interest of the pupils. It is with that intention, aforementioned provision was enacted.