P.C.GEORGEKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C) No. 31999 of 2016 is in appeal. He is aggrieved by the dismissal of the writ petition by the learned Single Judge.

(2.) According to the appellant, he retired as a Headmaster from St.Augustine's High School, Peringulam in Kottayam District on 31.3.1999. He had joined service as a High School Assistant ( HSA) on 1.1.1973 in a leave vacancy. Later on, he was appointed on regular basis with effect from 1.6.1977. Pursuant to his retirement, his length of service was computed at 22 years and his pensionery benefits were also paid to him. He has been drawing his monthly pension ever since.

(3.) The appellant approached this Court with the writ petition in the wake of Ext.P1 judgment of this Court in which, a learned Single Judge of this Court has held that the teacher, who was the writ petitioner therein, was entitled to have his qualifying service computed taking into account the fact that in leap years that occur every four years, there would be an addition of one additional day to his service. The contention of the appellant is that, if his total service is computed, adding an additional day with every leap year, his total service would come to 22 years 6 months and 3 days. Since the fractional year was of more than 6 months duration, he is entitled to the benefit of 23 years continuous service. Though he submitted representation requesting for re-computation of his pensionary benefits, treating his total service as 23 years, no action was taken thereon. Therefore, he sought for the issue of appropriate directions from this Court.