MARY Vs. COMMISSIONER FOR GOVERNMENT EXAMINATIONS

JUDGEMENT

(1.) APPELLANT is working as a P. O. teacher in a Government school. Her date of birth is shown in school records and in service records as 20-3-1937 in which case she completes 55 years of age on 19-2-1992. According to the appellant, her correct date of birth is 25-10-1939 in which case she completes 55 years of age on 24-10-1994. Going by R. 60 (c) of Part! of the kerala Service Rules (for short' the rules'), in the former case she would continue in service till 31-3-1992 and in the latter case she would be entitled to continue in service till 31-3-I995. On 21-10-1989 she submitted an application before the first respondent, Commissioner for Government examinations stating forth her stand and seeking correction of the date of birth in the school records. The first respondent allowed her request tinder ext. P1 order on 29-3-1990. On 30-3-1990 appellant submitted Ext. P2 application before the second respondent, Commissioner and Secretary to Government of kerala, General Education (L) Department praying that consequential correction may be made in the service records. That request was rejected by the second respondent under Ext. P3 order dated 24-7-1990 on the ground that her application was not made prior to two years before the date of retirement, namely, 19-2-1992 and, therefore, was belated and there arc no exceptional circumstances warranting condonation of delay. On two occasions she sought review of the order and on both the occasions her request was rejected as seen from Exts. P 3 and P8. Thereupon she filed O. P. 2193 of 1991 seeking to quash Exts. P3, P8 and P8 and seeking a writ of mandamus directing the respondent to allow Ext. P2 application and correct her date of birth in the service records. The learned single judge who heard the Original Petition took the view that since the appellant would complete 55 years of age on 19-2-1992 she has to retire from service on superannuation on 29-2-1992 and since the application was filed on 30-3-1990 it was well within two years prior to the date of retirement and the view taken by the Government is correct. Accordingly the writ petition was dismissed. Hence this appeal.

(2.) APPELLANT is governed by the Kerala Service Rules. Compulsory retirement is dealt within Chapter VIII of Part 1 of the Rules. rule 60 lays down the dates on which government employees of various categories are to retire. Sub-rule (a) is the general provision which states that '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'. Sub-rule (b) deals with officers in I he last Grade Service on 7-4-1970. According to this sub-rule such officers will retire on the afternoon of the last day of the month in which they attain the age of 60 years provided that this benefit will be available to them only as long as they continue to be in the Last Grade Service as defined in Rule 12. Sub-rule (c) deals with teaching staff of all educational institutions. According to this sub-rule, 'the teaching staff of all educational institutions 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 increments 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'. It is unnecessary to refer to the other details in the sub-rule. The second paragraph of sub-rule (c) indicates that 'if the day on which the teaching staff attain the age of 55 years falls within the period of one month beginning with the day of re-opening of the institutions they shall cease to be on duty with effect from the date of such re-opening and they shall be granted additional leave from the date of re-opening to the last day of the month in which they attain the age of 55 years'. According to the third paragraph of sub-rule (c), 'if they are eligible to continue in service till the close of the academic year under the 1st 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'.

(3.) A teacher in an educational institution governed by the Rules will ordinarily retire only on 31st March of the year in which he completes 55 years, though exceptionally he may retire on the last day of the month in which he completes 55 years. It is clear that the date on which an officer completes 55 years can never be regarded as the date of superannuation, under any circumstances. What can be said at best is that the last day of the month in which an officer completes 55 years is the date of superannuation. But, nevertheless the date of his retirement is the 31st of March of the academic year.