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2001 Supreme(Ker) 560

K.BALAKRISHNAN NAIR, K.S.RADHAKRISHNAN
N. Krishna Panicker – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K.S. Radhakrishnan, J.

We are in this case called upon to examine the scope and ambit of Rule 60(c) Part I of the Kerala Service Rules which enables a teacher to continue in service till the end of the academic year if his date of superannuation falls during the course of the academic year.

2. Learned single judge of this court referred O.P. No 9595 of 1997 and other connected cases since divergent views have been expressed by learned judges of this court regarding rights of those teachers to claim the benefit of pay revision, increment, higher grade etc. when they continue in service beyond the date of superannuation till the end of the academic year. Learned single judge made reference to the decisions in Reghu v. State of Kerala (1992) (2) KLT 69) and Sirajudeen v. Director of Public Instruction (1994 (1) KLT 361) as well as the judgment in O.P. No. 13284 of 1991. In the above decisions learned judge noted that the court upheld the right to re-option and also directed Governement to grant all monetary benefits including pensionary benefits at the revised pay. In view of the apparent conflict of the views expressed in some of the decisions learned judge felt that an aut

























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