Entitlement to benefits under the Kerala Education Rules, 1959 is not contingent on continuous service for those in service before 4-9-1957.

1. The short question that falls for determination in this writ application turns on the interpretation to be placed on the note to R.8 in Chapter XXVII of the Kerala Education Rules, 1959 which is in these terms :

Note: In the case of those who were in the service of any aided school prior to 4-9-1957 the age of retirement on superannuation shall be 60 years subject to the condition that the service beyond the age of 55 years shall not qualify for pension and gratuity under these rules".

2. The petitioner commenced service as a teacher as early as 1119 M.E. Though she served only for 10 months pursuant to her first appointment it was followed by an appointment for a longer period. Later too she has been working off and on with breaks, for substantial periods. It is admitted that from 5-7-1959 she had continuous service.

3. The District Educational Officer by Ext. P2 order took the view that the petitioner is not entitled to the benefits conferred by the note for continuing in service upto the 60th year apparently because she was not in service immediately before 4-9-1957 and because she had no continuous service before that date. Though representations were made by the petitioner against Ext. P2, those were rejected by Ex. P3 order.

4. I do not think that the rule is capable of the interpretation that there should be continuous service. It is not so mentioned in the rule and I see no justification for adding the word 'continuous' to the rule. The plain meaning of the rule is that those who have been in service before 4-9-1957 are entitled to continue till they attain 60 years of age.

5. In the light of the above I quash Exts. P2 and P3 and allow this writ application and direct that the petitioner shall not be retired before she attains 60 years of age. I however make no order as to costs. Allowed.