STATE OF KERALA Vs. RAMA VARMA

JUDGEMENT

(1.) These two appeals are against the judgments of the learned single Judge in O.P. Nos. 7976/85 and 152/86. The learned single judge has held that the respondent who retired from service on 31-3-1966 on attaining the age of superannuation of 60 years as a High School Assistant, in addition to the pension which has been sanctioned in his favour is also eligible for gratuity under R.12(c) of Chap.27A of the K.E.R. The learned single Judge has also taken the view that as the respondent has continued in service after the 55th year on 1-10-1964 and as he could not opt for Chap.14(C) of the K.E.R., he is entitled to the gratuity amount under the said provision. The correctness of the said view is challenged in these appeals.

(2.) Clause (c) of R.12 of Chap.27A reads as follows: