2025:KER:29551 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WA NO. 645 OF 2025 THE JUDGMENT DATED 05.03.2025 IN WP(C)NO.27224 OF 2023 APPELLANT/PETITIONER: BABY SHYLAMMA AGED 59 YEARS W/O.K.L.MATHEW, KALLELIL, STRA – 47, VETTU ROAD, KAZHAKKUTTOM.P.O, THIRUVANANTHAPURAM - 695582. (RETIRED LPSA ,ST.VERONICA’S LPS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM, PIN - 695309 BY ADVS.SRI.LINDONS C.DAVIS SMT.CHINJU P. JOYIES SMT.E.U.DHANYA SMT.N.S.SHAMILA RESPONDENTS/RESPONDENTS: 1 STATE OF KERALA SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION JAGATHI, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014 WA No.645 of 2025 2 2025:KER:29551 3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF DEPUTY DIRECTOR OF EDUCATION, KILLIPPALAM, CHALAI P O., THIRUVANANTHAPURAM, PIN - 695036 4 ASSISTANT EDUCATIONAL OFFICER, ATTINGAL ASSISTANT EDUCATIONAL OFFICE, 3RD FLOOR, CIVIL STATION, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695101 5 PRINCIPAL ACCOUNTANT GENERAL (A&E) KERALA OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM, PIN - 695001 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WA No.645 of 2025 3 2025:KER:29551 JUDGMENT Dated this the 4th day of April, 2025 A.Muhamed Mustaque, J. The statutory Rule as on the date of retirement of the petitioner is Rule 14 E(c) of Part III of the Kerala Service Rules (hereinafter 'KSR'). Rule 14 E(c) would only enable aided school or aided college teachers to reckon past regular Government service as qualifying service for pension. Admittedly, the appellant did not have regular service prior to her aided school service. 2. The appellant's case is that her case is covered by Ext.P5 when she was appointed in Government service. Ext.P5 is a Government Order which stated that government service prior to aided school service shall be reckoned for pension. Thereafter, the Government brought the statutory Rule as in Part III of the KSR. Therefore, WA No.645 of 2025 4 2025:KER:29551 Ext.P5 will no longer be in existence. The statutory Rules governing the matter alone would prevail. There is no scope for interference. The Writ Appeal stands dismissed. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE MJL