ACCOUNTANT GENERAL Vs. P V NEELAKANDAN NAIR

JUDGEMENT

(1.) Are the teachers who had continued in service till 31/03/1997 or thereafter under Rule 60(c) of the Kerala service Rules or Rule 62 of chapter XIV-A of the Kerala Education Rules entitled to the benefit of the pay scales as revised w.e.f. 1/03/1997? This is the short question that arises for consideration in this bunch of writ appeals. The learned Single Judge has answered this question in the affirmative and held that the benefit is admissible to the teachers. The State challenges the order.

(2.) On 25/11/1998, the Government had revised the scales of pay of various categories of employees. A copy of the notification has been produced before us at the hearing. Admittedly, the revision was made with retrospective effect from 1/03/1997. It is on account of this retrospective revision that the issue regarding the admissibility of the benefit to the persons who had retired on 31/03/1997 or thereafter has arisen for consideration.

(3.) The matter was placed before a Division Bench of this court One of us (Honourable Koshy, J.) was a member of the Division Bench. At the hearing, learned counsel for the State had placed reliance on the decision of the Division Bench in Krishna Panicker v. State of Kerala 2002(1) KLT 889 to contend that the benefit was not admissible. The Bench considered the matter. It was noticed that a Division Bench had taken a different view in Sirajudeen V. Director of Public Instruction 1994 (1) KLT 361. Thus, to resolve the conflict in judicial opinion, the matter was referred to a Full Bench.