STATE OF KERALA Vs. GOPALAKRISHNA PILLAI

JUDGEMENT

(1.) The main ground urged in this Review Petition is that taken in ground 'e', which reads as under:

(2.) The writ petitioners attained the age of 55 before 1.3.1997 and retired from service on 31.3.1997 being teachers in aided colleges, because their age of retirement was covered by R.60(c) part-I KSR. Ext. P3 order dt. 21.12.1999 was issued by the Government of Kerala revising the scale of pay of teachers in Universities and affiliated colleges with retrospective effect from 1.1.1996. In para 13.2 of the said order it was provided that "Retirement benefits will be applied to College/University teachers including Physical Education teachers as per the existing pension rules under the State Government.." (emphasis supplied).

(3.) The age of superannuation as provided in R.60(a) Part I Kerala Service Rules is 55 years in every case other than where "Except as otherwise provided" in those rules, as revealed from the opening words of that rule. As regards teachers, exceptional provision is contained in R.60(c) providing that teaching staff of all the educational institutions including Principals of colleges who complete the age of 55 during the course of academic year shall continue in service till the last day of the month in which the academic year ends. This rule is admittedly made applicable to aided college teachers as per University Statutes.