ABRAHAM Vs. ACCOUNTANT GENERAL

JUDGEMENT

(1.) The petitioner retired as Headmaster of the Mappila L. P. School, Puthucode on 30-4-1984. He attained the age of SS years on 20-7-1983 and would have normally retired on the last day of July, 1983 under R.60(a) of Part I Kerala Service Rules. However under R.60(c) he was allowed to continue in service till the last day of the month in which the academic year ended. R.60(c) is as follows:

(2.) By Ext. P1 order dated 18-7-1981 the petitioner was promoted as Headmaster in the scale of pay Rs. 470 830 and posted in G. L. P. School, Mully. Subsequently he was re-posted to G. M. L. P School. Puthucode, by Ext. P-2 order dated 3-8-1983. He joined duty as Headmaster in that school on 6-8-1983 and retired from that school as headmaster. On promotion as Headmaster his Day was refixed with effect from 6-8-1983 at the rate of 750/- in the time scale Rs. 470-830. When he retired from service his basic pay was Rs. 750/-. On that basis he claimed monthly pension of Rs. 373/-and D. G. R. Gratuity of Rs 11,625/-. That application was duly forwarded to the 1st respondent, namely the Accountant General, Kerala, for according sanction. Originally, as per Ext. P-3 only a pension of Rs. 333/- per month with effect from 1-5-1984 and a gratuity of Rs. 9982/- were admitted. The petitioner pointed out by Ext. P-4 representation that his service in the aided private school was not taken into account in fixing the pension and other benefits.

(3.) in the counter affidavit filed on behalf of the 1st respondent it is stated that his previous service was also taken into account and pensionary benefits were revised and revised .pension and D.C.R. gratuity were authorised on 27-12-1985. Therefore the only remaining grievance is regarding the benefits emanating from the petitioner's promotion as Headmaster. In Ext. P-3 order the ground stated for holding that pensionary claims can be calculated taking the pay only at Rs. 713/- with effect from 1-9-1982, was that the petitioner was promoted as Headmaster with effect from 6-8-1983 only.