C R ANAND Vs. STATE OF KERALA

JUDGEMENT

(1.) The grievance of the petitioner, who is the son of late Sri. C. K. Raman, who was a Physical Education Teacher in the GLPS, Kodaly, is that the application for appointment presented by him under the dying in harness scheme was returned without consideration vide Ext. P1.

(2.) Sri. Raman completed 55 years of age on 27.8.1995 and as such would have normally retired from service on that day. However, by operation of R.60(c) Part I of the K. S. R he was continuing and was entitled to continue in service until 31.3.1996. It was during this extended period that death occurred to him. The question involved here is whether the Government was right in refusing to entertain the application on the ground that the death having taken place after the normal date of retirement, the dependent is not entitled to get the benefits contemplated in the dying in harness scheme.

(3.) The stand taken in the counter is that R.60(c) Part I of the K. S. R. is only an enabling provision and that notwithstanding the continuance of the incumbent after the normal date of retirement he will not be treated as a Government servant in service for the purpose of dying in harness scheme.