Kerala High Court
Prinicipal Secretary To Government vs E.P. Lakshmanan on 15 May, 1986
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934
WP(C).No. 26584 of 2006 (M)
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PETITIONER(S):
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1. PRINICIPAL SECRETARY TO GOVERNMENT
FINANCE (PRC-C) DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM.
2. DEPUTY DIRECTOR OF EDUCATION,
KANNUR.
3. ASSISTANT EDUCATIONAL OFFICER,
SOUTH SUB DISTRICT, KANNUR, CHAKKARAKKAL
MOWANCHERY.
BY ADV. SPECIAL GOVERNMENT PLEADER SRI.SUNIL CYRIAC
RESPONDENT(S):
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E.P. LAKSHMANAN, SAI VADAN,
MAMBA, KANNUR-670 011.
BY ADV. SRI.P.B.SURESH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-05-
2012 ALONG WITH WP(C) NO.26450/2006 & 24889/2007 THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No. 26584 of 2006 (M)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1:- TRUE COPY OF THE COMPLAINT NO.829/2006 WITH ANNEXURE FILED BEFORE
THE KERALA LOK AYUKTA.
EXT.P2:-COPY OF THE STATEMENT OF FACTS IN COMPLAINT NO.829/06 AND OTHER
CONNECTED CASES.
EXT.P3:TRUE COPY OF G.O.(P) NO.360/86/FIN DATED 15.05.1986
EXT.P4: TRUE COPY OF G.O.(P) NO.331/06/FIN DATED 10.08.2006
EXT.P5: TRUE COPY OF ORDER DATED 08.06.2006 OF KERALA LOK AYUKTA IN
COMPLAINT NO.829/06.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE
S.SIRI JAGAN, J.
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W.P.(C).No.26584 of 2006,
W.P.(C).No. 26450 of 2006 &
W.P.(C).No. 24889 of 2007
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Dated this the 28th day of May, 2012
JUDGMENT
In these three writ petitions the State of Kerala has challenged orders of the Kerala Lok Ayukta whereby the Lok Ayukta has directed payment of retirement benefits due to 3 complainants before them taking into account the extended service put in by them by virtue of having continued in service beyond the normal date of retirement on attaining 55 years till the end of the academic year, as provided in Rule 60(c) of Part-I of KSR. The eligibility of such teachers were originally upheld by this Court and the same was confirmed by the Supreme Court as well. Subsequently the State amended Rule 60(c) with the retrospective effect, making teachers ineligible for benefits like pay revision, retirement benefits etc. taking into account the extended period of service. That retrospective amendment was upheld by a Division Bench of this Court in W.P.(C).Nos.26584 & 26450/06 & W.P.(C).No. 24889/07 2 W.P.(C) 1905 of 2007 and connected cases. That being so, the party respondents in these writ petitions are not entitled to have their extended period of service beyond their normal date of retirement till the end of the academic year counted for the purpose of retirement benefits. Consequently the orders of the Kerala Lok Ayukta are liable to be quashed. Accordingly, the orders impugned in these three writ petitions of the Kerala Lok Ayukta are quashed.
Writ petitions are allowed as above.
S.SIRI JAGAN, JUDGE mns/-