SIRAJUDEEN Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) This writ appeal is preferred by the writ petitioner against the judgment of the learned single Judge in OP 10604 of 1989-K dated 27-7-1991 and also against the order passed in RP 134 of 1992 dated 26-2-1993 refusing to review the said judgment.

(2.) The brief facts of the case are as follows: Writ petitioner's father was a Headmaster in a Government School and died on 3-2-1989 while in service. Writ petitioner's father was born on 8-11-1933 and as provided in R.60(c) of Part I of Kerala Service Rules, he was to retire from service on 31-3-1989. Writ petitioner contends that as his father died while in service, the petitioner is entitled to the employment benefits given to dependents who died in harness as per Ext. P1, GO(P) No. 34/87/P&ARD dated 17-12-1987. The learned single Judge dismissed the writ petition holding that the petitioner is not entitled to any such benefits inasmuch as the petitioner's father must be deemed to have been under 'extension of service' and clause (9) of the above said Government Order which deals with the scheme of employment assistance does not extend the benefits of the scheme where the deceased government servant died while under extension' of service. This was because the deceased had completed 55 years of age on 8-11-1988 and it was because of R.60(c) of Part 1 of the Kerala Service Rules that the Govt. felt that his service stood 'extended' upto 31-3-1989 and, therefore, the case fell within clause (9) of the Government Order which specifically denied the benefit of the scheme to cases where the deceased government servant had died while under 'extension' of service.

(3.) Aggrieved by the said judgment, the writ petitioner had filed a Review Petition, as stated above. But, the same was also dismissed by the learned single Judge. This appeal has been preferred questioning both the orders.