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2005 Supreme(SC) 866

State Of Kerala – Appellant
Versus
P. V. Neelakandan Nairs – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. Point of controversy in all these appeals is whether teachers superannuating during a particular academic year but continuing in service by virtue of Rule 62 of Chapter XIV (A) of the Kerala Educa­tion Rules, 1959 (in short the ‘KER’) are entitled to the benefit of pay revision coming into effect during such extended period.

3. Detailed reference to the factual aspect is unnecessary as the basic feature in each of the appeals is that the concerned teachers were to retire on the date of attaining the age of superannuation. The said date in each case fell within academic year. In view of the provisions contained in Rule 62 of Chapter XIV (A) of the KER they continued till the last date of the month in which the academic year ends. Undisput­edly the academic year in each case came to end on 31st March of the con­cerned year. The age of retirement in each case is 55 years, but benefit of continuance in service is granted till the end of the academic year. In each case, the concerned teachers were to superannu­ate on attaining the age of 55 on various dates between July, 1996 and March, 1997 i.e. during the course of academic year 1996-97. Irre


























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