Petitioner teacher sought to continue service until academic year end despite attaining superannuation age while on leave. Court held Rule 60(a) mandates retirement on superannuation date. Petition dismissed.
Direction to allow petitioner to continue till 31-3-2007 refused; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.K.DENESAN
THURSDAY, THE 15TH MARCH 2007 / 24TH PHALGUNA 1928 WP(C).No. 3355 of 2007(Y)
-------------------------
PETITIONER:
------------------
KUNHABDULLA M., ARABIC TEACHER, DEVARKOVIL M.U.P.SCHOOL, P.O.THALIYIL, KUTTIYADI, KOZHIKODE DIST.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENTS:
---------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE.
3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL, KOZHIKODE DIST.
BY GOVERNMENT PLEADER SHRI.P.NANDAKUMAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3355/2007.
Petitioner's Exhibits:-
-// true copy //-
P.A. To Judge.
kvs/-
K.K.DENESAN, J.
======================== WP(C).No.3355 OF 2007-Y. ========================
Dated this the 15th day of March, 2007.
J U D G M E N T
The petitioner availed leave from 26-9-2006 to 2510-2006. In the normal course he has to rejoin duty on 26-10-2006. However, as he had attained the age of superannuation on 5-10-2006, he ought to have reported
for duty on 6-10-2006, if he wanted to get the benefit of Ext.P1 amendment to Rule 60(a) Part I of K.S.R., contends the respondents. The relevant part of Ext.P1
reads:
“If they are on leave on the day they attain the age of 55 years and fail to rejoin duty on the first working day immediately after the date of superannuation they shall be retired with effect from the date of superannuation under sub-rule (a) of rule 60.”
Therefore, the petitioner has no right to continue in service till the end of the academic year. He will be deemed to have retired on the date of attaining the age
of superannuation, namely, 5-10-2006 because he was actually on leave on that day, as also, the succeeding
2
WP(C).No.3355 of 2007.
days.
2. The reliefs prayed for by the petitioner for a direction to the respondents to allow him to continue as Arabic Teacher till the end of the academic year ie 31-3-2007 cannot, therefore, be granted. Ext.P6 order, for the above reason, is not liable to be quashed.
3. Counsel for the petitioner points out that the petitioner has been continuing under the orders of this Court and the claim of the petitioner for emoluments for the period during which he had actually worked may be left open to be decided in other proceedings. The question relating to the right of the petitioner for emoluments is therefore left open.
The Writ petition fails and it is accordingly dismissed.
K.K.DENESAN, JUDGE.
kvs/-
2 issues framed by the court
Whether a teacher on leave who attained superannuation age cannot claim to continue service until the end of the academic year.
Whether the Department's order refusing service extension is liable to be quashed.
1 provisions across 1 enactments
KUNHABDULLA M.
STATE OF KERALA
THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE
THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMMAL
K.K.DENESAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
