ALEXANDER Vs. STATE OF KERALA

JUDGEMENT

(1.) UNDER R. 60 (a) of Part I of the Kerala Service Rules, the age of retirement of government servants is 55 years. Sub-rule (b) of R. 60 however provides that officers who were in the 'last Grade Service' on 7-4-1970 would retire on the last day of the month in which they attain 60 years of age. Some of the provisions of the K. S. R. , including those relating to retirement age and retirement benefits, are made applicable to the teaching and non-teaching staff of aided schools, by virtue of specific provisions incorporated in the Kerala Education Rules, 1959 ("k. E. R. "), The question in this writ petition is whether a peon in an aided school who was in service on 7-4-1970 could continue in service up to 60 years of age, by claiming the benefit of R. 60 (b) afore-noticed.

(2.) THE petitioners are office-bearers of an organisation representing individual aided-school managements, and they have been permitted to file the petition in a representative capacity. THE 3rd respondent is a peon in an aided school and was in service on 7-4-1970; and he too has been impleaded in a representative capacity. THE petitioners contend that the scheme of the Education Act and the Rules is to ensure to the non-teaching staff more or less the same service conditions as are available for the teaching staff, in the matter of retirement benefits, and that in as much as the age of retirement generally fixed for aided school teachers is 55, the same should apply to all categories of non-teaching staff also. THE contention of the respondents is that the so-called scheme is not so simple and straightforward, and that what is required is an examination of all the relevant rules in the K. E. R. THE question seems to be a general one and of some importance.

(3.) THE contention of the petitioners is built up on R. 4 of Chapter XXVII-B and R. 8 of Chapter XXIV-B. THE first of the above rules provides that "the date of compulsory retirement on superannuation applicable to teachers of Government schools shall apply to teachers of aided schools". THE second reads: "8. THE Rules in Chapter XXVII (B) relating to retirement benefits and Provident Fund shall mutatis mutandis apply to the non-teaching staff also who opt for these Rules and who give an undertaking as contemplated in R. 2, Chapter XXVII (B ). " THE argument is that the rules "relating to retirement benefits" includes the rule regarding retirement age also. Under R. 4 of Chapter XXVII-B an aided school teacher's retirement age is the same as that of a Government school teacher i. e. 55 years. By reason of R. 8 of Chapter XXIV-B, therefore, the retirement age of all non-teaching staff in aided schools shall also be treated as 55 years, it is contended. But as is rightly pointed out by the Government Pleader, this contention overlooks many other provisions of the Rules, and particularly the specific provision in R. 5 of Chapter XXIV-B, providing that "the age of retirement on superannuation shall be the same as that of the corresponding non-teaching staff in Government schools " This is a direct provision regulating the age of retirement of non-teaching staff of aided schools opting for Chapter XXIV-B, and what it says is that it shall be the same as that of the corresponding non-teaching staff of Government schools. As there is no dispute that the 3rd respondent has opted for Chapter XXIVB, and that a peon in a Government school can claim the benefit of R. 60 (b) of Part I K. S. R. , the conclusion is irresistible that persons like the 3rd respondent here could also continue in service till 60 years of age. It is an over-simplification to say that the scheme of the Kerala Education Act and the Rules is to equate aided school teachers to Government teachers in every respect, and then to equate the non-teaching staff of aided schools to the teaching staff of such schools in respect of all retirement benefits, including age of superannuation. "retirement benefits" in R. 8 of Chapter XXIV-B is not the same thing as "age of retirement on superannuation" mentioned in R. 5. THE circumstance that the ker visualises two classes of aided school teachers and two classes of non-teaching staff with slightly different service conditions in the matter of conduct and retirement benefits cannot also be overlooked.