Kerala High Court
P.B.Santha Devi vs The State Of Kerala on 21 December, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 17TH DAY OF SEPTEMBER 2014/26TH BHADRA, 1936
WP(C).No. 35959 of 2003 (E)
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PETITIONERS:
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1. P.B.SANTHA DEVI
RETIRED PRINCIPAL, N.S.S.COLLEGE FOR WOMEN,
NEERAMANKARA, THIRUVANANTHAPURAM.
2. SREE NARAYANA KURUP
RETIRED PRINCIPAL, V.T.M. N.S.S. COLLEGE,
DHANUVACHAPURAM.
3. K.SYAMALAKUMARI THANKACHI
RETIRED LECTURER (SELECTION GRADE),
N.S.S.COLLEGE FOR WOMEN,
NEERAMANKARA, THIRUVANANTHAPURAM.
4. P.K.MALATHI BAI
RETIRED LECTURER (SELECTION GRADE),
N.S.S.COLLEGE FOR WOMEN,
NEERAMANKARA, THIRUVANANTHAPURAM.
5. S.VIJAYAN
RETIRED LECTURER (SELECTION GRADE),
MAHATMA GANDHI COLLEGE, THIRUVANANTHAPURAM
6. L.RAJESWARI AMMA
RETIRED LECTURER (SELECTION GRADE),
SREE NARAYANA COLLEGE FOR WOMEN, KOLLAM
7. K.HARIDAS
RETIRED LECTURER (SELECTION GRADE),
SREE NARAYANA COLLEGE FOR WOMEN, KOLLAM
8. A.SANTHAKUMARI
(WIDOWN OF LATE G.GOPALAKRISHNA PILLAI,
RETIRED LECTURER (SELECTION GRADE),
NSS COLLEGE, CHERTHALA.
BY ADV. SRI.P.GOPALAKRISHNAN NAIR
WP(C).No. 35959 of 2003 (E)
RESPONDENTS:
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1. THE STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
2. THE PRINCIPAL SECRETARY (FINANCE)
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM
3. THE DIRECTOR OF COLLEGIATE EDUCATION
VIKAS BHAVAN, THIRUVANANTHAPURAM.
4. THE ACCOUNTANT GENERAL (A & E)
KERALA, THIRUVANANTHAPURAM.
R1 TO R4 BY ADV. SUNIL CYRIAC (SPL. GOVT. PLEADER, FINANCE)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-09-
2014, ALONG WITH WPC. 35972/2003, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
AMG
WP(C).No. 35959 of 2003 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1. TRUE COPY OF THE RELEVANT PAGES OF ORDER IN
G.O.(P) NO.171/99/G.EDN DATED 21/12/1999.
P2 TRUE COPY OF THE RELEVANT PAGES OF ORDER IN
G.O.(P)NO.3001/98/FIN DATED 25/11/1998
P3. TRUE COPY OF THE RELEVANT PAGES OF ORDER IN
G.O.(P) NO.118/2001/(91)/FIN. DATED 17/1/2001.
RESPONDENTS' EXHIBITS
NIL
True copy
P.A. To Judge
AMG
C.K. ABDUL REHIM, J.
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W.P.(c) Nos. 35959 & 35972 OF 2003
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DATED THIS THE 17th DAY OF SEPTEMBER, 2014.
J U D G M E N T
The petitioners in both the above cases are retired Principals and Lecturers of various colleges, affiliated to different Universities in the State of Kerala, who worked under direct payment system of the State Government. The State Government had implemented revised UGC scheme with effect from 01-01-1996, by virtue of Ext.P1 Government order, in which it is clarified that benefits due for teachers retired from Colleges and Universities will be governed by the existing Pension Rules under the State Government. Pay revision for the State Government employees was introduced with effect from 01-03-1997, through Ext.P2 Government order. All the petitioners got superannuated prior to 01-03-1997. But they were continuing in service till 31-03-1997, by virtue of the relevant provisions in the University Statutes, formulated on the basis of Rule 60 (c) of Part I KSR. Since the petitioners W.P.(c) No.35959 & 35972/2003 -2- were continuing in service upto 31-03-1997, they claimed that they are entitled to the benefits declared through Ext.P2, with respect to the revision of pension and other retiral benefits. When such benefits are denied on the basis that their date of superannuation falls prior to 01-03-1997, the petitioners and similarly situated others made representations before the Government. Considering such representations the Government issued Ext.P3 order making it clear that in case of employees whose pay has been revised with effect from 01-01-1996 by merging Dearness Allowance at 1510 points of All India Consumer Price Index, the maximum pension admissible will be 50% of the maximum of the revised scale which was brought with effect from 01-01-1996. But in Ext.P3 it was ordered that those persons in the category mentioned above, who had retired between 01-01-1996 and 28-02-1997, will not be entitled to commute their pension on the basis of the revision of pension allowed as above. It is also mentioned that the Death-Cum-Retirement Gratuity (DCRG) ordered W.P.(c) No.35959 & 35972/2003 -3- under Ext.P2 will not be admissible to those persons whose pay and allowance have been revised with effect from 01-01-1996 by merging 1510 points of All India Consumer Price Index. It is aggrieved by Ext.P3 these writ petitions are filed. The petitioners are seeking to quash Ext.P3 to the extent it ordered as mentioned above and also seek appropriate direction to permit them to commute 1/3rd of the revised pension which prevailed as on 01-04-1997 and also seek declaration that the petitioners are entitled to get the DCRG fixed as per the enhanced sealing limit envisaged in Ext.P2 order.
2. The legal question involved with respect to rights available to persons who continued in service after the actual date of superannuation, now remains settled through a Full Bench decision of this court, which is confirmed by the hon'ble apex court. In the decision in Accountant General V. Kunjamma (2003 (3) KLT 345 (FB) it is held that on a plain reading of Rule 60 (c) of Part I KSR it is clear that whatever limitation the rule making authority W.P.(c) No.35959 & 35972/2003 -4- wanted to place it has been expressly provided and the court cannot read into any additional condition. Since the Rule provides that a teacher in a Government school is not entitled to benefits of increment or promotion during the extended period of service, it cannot be said that the revised scale of pay shall not be admissible to such teachers. It is held that the teachers in aided schools shall be entitled to the benefit of increment etc. for service rendered after attaining the age of superannuation. Even the other benefits which are not specifically prohibited under the Rules will follow. It is held that there is no justifiable reason to deny benefits in the matter of revision of pay scale, both for the teachers working in the Government schools as well as those working in the aided schools coming under the direct payment system. On the facts of the said case the Full Bench observed that, in the case of persons who were granted extension beyond 28-02-1997, the benefit of the scale of pay as revised from 01-03-1997 shall be admissible. The above decision was W.P.(c) No.35959 & 35972/2003 -5- upheld by the hon'ble Supreme Court in State of Kerala and another V. P.V. Neelakantan Nair (2005) 5 SCC
561. The hon'ble apex court held that, the word 'increment' occurring in Rule 60 (c) cannot be taken to include pay revision. Nor 'pay revision' be read into the said provision, on the assumption that it is an omission on the part of the legislature, because the plain reading of the provision itself is unambiguous with respect to the legislative intent.
3. Since it is already settled that the teachers like that of the petitioners, who retired after the extended period of service on 31-03-1997 are entitled to the benefit of pay revision, there is no justification in denying them the benefit of commutation based on the revision of pension or in putting any limitation with respect to the benefit of DCRG allowed under Ext.P2.
4. Learned Special Government Pleader pointed out that Rule 60 (c) of Part I KSR had undergone amendment with retrospectivity from 15-12-2000, to the extent that the benefit of pay revision effected from the date after the date W.P.(c) No.35959 & 35972/2003 -6- of actual superannuation is not permissible for the teachers. But since the petitioners herein had retired prior to the amendment on 15-12-2000, the amended provisions will not be applicable in the case of the petitioners.
5. Under the above mentioned circumstances these writ petitions are allowed to the extent of declaring that the petitioners are entitled to commute their pension on the basis of the revised pension fixed with effect from 01-04- 1997, on the basis of Ext.P2. It is also declared that they are entitled to the benefit of DCRG fixed at the enhanced rate as contemplated under Ext.P2.
6. Exhibit P3 order to the extent it denied such benefit is hereby quashed. Necessary steps for re- computation of benefits and payment of the same with arrears shall be taken by the appropriate authority without any further delay.
Sd/-
C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge