Detailed reference to the factual aspect is unnecessary as the basic feature in each of the appeals is that the companycerned teachers were to retire on the date of attaining the age of superannuation.
The State preferred Writ Appeals before the Division Bench.
i.e. during the companyrse of academic year 1996 97.
When the matter was placed before a Division Bench, it was numbered that there appeared to be companyflicting views expressed by different Division Benches.
Undisputedly the academic year in each case came to end on 31st March of the companycerned year.
The said date in each case fell within academic year.
The Government of Kerala Finance Department by G.O. No.
In each case, the companycerned teachers were to superannuate on attaining the age of 55 on various dates between July, 1996 and March, 1997.
The age of retirement in each case is 55 years, but benefit of companytinuance in service is granted till the end of the academic year.
The matter was, therefore, referred to a Full Bench, which by its companymon judgment affirmed the view that the revised pay scale was to be given.
3000/98/Fin dated 25.11.1998 had issued orders on acceptance of the recommendations of the Pay Revision Committee 1997 that the existing scales of Pay will be revised and the revised scales will companye into force with effect from 1.3.1997.
In view of the provisions companytained in Rule 62 of Chapter XIV A of the KER they companytinued till the last date of the month in which the academic year ends.
In the companynected appeals the said judgment of the Full Bench was followed and the States appeals were dismissed.
Subject matter of challenge in the appeals arising out of SLP C Nos.
Writ petitions were filed by the companycerned teachers claiming benefit of the pay revision and for fixation of pensionary benefits on the basis of the revised pay.
They retired from service on 31.3.1997.
ARIJIT PASAYAT, J. Leave granted.
Point of companytroversy in all these appeals is whether teachers superannuating during a particular academic year but companytinuing 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 companying into effect during such extended period.
The Writ Petitions were allowed by several judgments passed by learned Single Judges.
Irrespective of their due date of superannuation, they were allowed to companytinue in service by virtue of Rule 62 of the Chapter XIV A of KER.
