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Issues Involved:
1. Entitlement to pay revision benefits for teachers superannuating during an academic year but continuing in service under Rule 62 of Chapter XIV (A) of the Kerala Education Rules, 1959. 2. Interpretation of Rule 60(c) of the Kerala Service Rules regarding increment and promotion during the extended service period. Detailed Analysis: 1. Entitlement to Pay Revision Benefits: The core issue in these appeals is whether teachers who superannuate during an academic year but continue in service under Rule 62 of Chapter XIV (A) of the Kerala Education Rules, 1959 (KER) are entitled to pay revision benefits effective during the extended period. The teachers in question were due to retire at 55 but continued until the end of the academic year, which concluded on March 31, 1997. The Government of Kerala revised the pay scales effective from March 1, 1997. The teachers filed writ petitions claiming the revised pay scale benefits for pensionary calculations. The Single Judges allowed these petitions, and the Division Bench, noting conflicting views, referred the matter to a Full Bench. The Full Bench affirmed the teachers' entitlement to the revised pay scale. The State's appeals against this judgment were dismissed, leading to the present appeals. 2. Interpretation of Rule 60(c) of the Kerala Service Rules: The appellant-State argued that Rule 60(c) of the Kerala Service Rules explicitly denies increment or promotion benefits during the extended service period beyond superannuation. They contended that this rule should be interpreted to include pay revisions as well, suggesting it was a case of "casus omissus" (an omission in the law). However, the Court emphasized that statutory provisions must be interpreted based on their clear and unambiguous language. The Court cannot read into the statute what is not explicitly stated by the legislature. Rule 60(c) specifically mentions ineligibility for increment or promotion but does not address pay revisions. The Court held that the terms "increment" and "pay revision" are conceptually distinct. Increment refers to regular salary increases within the same pay scale, while pay revision involves a change in the pay scale itself. Legal Principles Applied: - The Court reiterated that statutory interpretation must adhere to the plain language of the provision. Courts cannot add or modify words in a statute unless absolutely necessary to avoid absurdity or inconsistency. - The principle of "casus omissus" cannot be readily inferred and should be applied only in cases of clear necessity within the statute's framework. - The Court highlighted that "increment" and "pay revision" have distinct meanings in service law, with increment being a regular increase within a pay scale and pay revision involving a change in the pay scale. Conclusion: The Court concluded that the teachers were entitled to the benefits of the pay revision effective from March 1, 1997, during their extended service period. The High Court's judgment granting these benefits did not suffer from any infirmity, and thus, the appeals were dismissed with no orders as to costs.
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