KUNHIKRISHNAN NAIR Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) THIS is an appeal against the judgment in O. P. 4279 of 1997 H. The appellant was ahigh School Assistant and he attained the age of 55 years on 6. 9. 96 and he was to retire from service on 30. 9. 96. The appellant contended that as per R. 60 (c) of Part I K. S. R. he is entitled to continue in service till the last day of the month in which the academic years ends. The appellant submitted application for commuted leave for 28 days from 3. 9. 96 to 30. 9. 96 and the leave was further extended from 1. 10. 96 to 30. 3. 97. After the expiry of the leave the appellant wanted to rejoin duty on 31. 3. 97. As per Ext. P2 letter, the first respondent held that the appellant was not entitled to rejoin duty and the appellant was informed that he would be treated as having retired from service from the date of the application for leave. Appellant challenged Ext. P2 order before the learned single judge and the O. P. was dismissed and hence, this appeal.

(2.) WE heard appellant's counsel. The claim of the appellant is that he should have been permitted to rejoin duty on 31. 3. 97 and should be treated to have continued in service till the last day of the month in which the academic year ends and this claim is based on R. 60 (c) of Part I k. S. R. The relevant portion of R. 60 (c) of Part I reads as follows: "the teaching staff of all educational institutions (including Principals of Colleges.) who complete the age of 55 years during the course of an academic year shall continue in service till the last day of the month in which the academic year ends. They shall be entitled to the benefits of increments and promotion which fall due, before the last day of the month in which they attain the age of 55 years. But they shall not be eligible for increment or promotion during the period of their service beyond such date. If they are on leave on the day they attain the age of 55 years and if there is no prospect of their returning to duty before the closing day of the academic year for vacation they shall be retired with effect from the last day of the month in which they attain the age of 55 years. But in cases where officers coming under this rule are under suspension on the date of superannuation or thereafter but before the closing day of the academic year, they shall be retired from service on the date of superannuation or on a date of suspension whichever is later". ruling No. 2 under R. 60 (c) is also relevant which reads: "the teaching staff of educational institutions who are allowed to continue in service beyond the date of superannuation till the end of the academic year will not be eligible for any leave other than causal leave during the period they shall be retired from service from the date of such application for leave".