Per G. Sasidharan, J.

The retirement of a Government servant takes effect from the afternoon of the last day of the month in which he attains the age of 55 years. Teaching staff of all educational institutions who complete the age of 55 years during the course of an academic year will be allowed to continue in service till the last day of the month in which the academic year ends. The pension payable to a retired Government servant is calculated on the basis of the average emoluments for the last ten months of qualifying service. The question which arises for consideration here is whether a teacher who is allowed to continue in service till the last day of the month in which the academic year ends is entitled to get pension on the basis of the average emoluments calculated by taking into account the revision of pay of the Government employees made in between the last day of the month in which he attains the age of 55 years and the last day of the month in which the academic year ends

The petitioner claims that the average emoluments for the last ten months will be the average of the pay of ten months treating his date of retirement as the last day of the month in which th