ACCOUNTANT GENERAL Vs. MATHAI

JUDGEMENT

(1.) Respondents 1 to 3 in WP(C) No.10405 of 2009 are the appellants. They are aggrieved by the judgment dated 22.09.2015 of the learned Single Judge allowing the Writ Petition.

(2.) The respondent is a retired High School Assistant. He had retired from service on 31.03.2007. He had joined service as a High School Assistant on 006.1980. He completed his age of superannuation on 30.11.2006 and had continued till 31.03.2007, on which date he had superannuated. His pension papers, evidenced herein by exhibit P1 were forwarded by the Headmaster of the school, computing his total service to be 26 years, 6 months and two days. According to the appellants, his total service is 26 years 5 months and 29 days. In view of the above, according to the appellants his total service would have to be rounded off to 26 years. The case of the respondent is that, his service being 26 years 6 months and 2 days, he was entitled to round off his total service to 27 years. However, exhibit P3 was issued treating his total service to be only 26 years. The said stand has been maintained in exhibit P7 also. It was challenging exhibits P2, P3 and P7 that the respondent had filed the Writ Petition.

(3.) It was contended on behalf of the respondent that, he had completed 26 years service on 02.06.2006. He had attained the age of superannuation only on 30.11.2006. When the number of days are calculated, the total number of days from 02.06.2006 to 30.11.2006 is 182 days. Since 180 days is half an year, it was contended that in accordance with Rule 57 Part III Kerala Service Rules (KSR for short), he was entitled to get the benefit of 27 years in the matter of calculating his pension.