STATE OF KERALA Vs. PADMANABHAN

JUDGEMENT

(1.) The point raised in this appeal is whether a Ferryman appointed on the advice of the Public Service Commission before 7-4-1970 is entitled to get the benefit of R.60(b) of Part I Kerala Service Rules, so that he can continue in service upto the age of sixty. The brief facts of the case are the following: -

(2.) The writ petitioner, the respondent in the Writ Appeal has been advised for appointment as Seasonal Ferryman in the Public Works Department in Alappuzha District by the District Recruitment Board of the Public Service Commission on 13-3-1963. Pursuant to the said advice, he joined service as Seasonal Ferryman on 25-7-1963. According to petitioner, he became a full time Ferryman on 20-4-1967. He was given the first higher grade of thirteen years service with effect from 20-4-1980 and the second higher grade with effect from 1 - 4-1987. According to him, he always remained in the same post of Ferryman without any promotion. The said post being one included in the last grade service, he is entitled to continue in service upto the age of sixty by virtue of R.60(b) in Part I Kerala Service Rules.

(3.) The claim of the petitioner was resisted by the respondents in the Original Petition who are the appellants in the present appeal, stating that formal orders regularising his service in the post of Ferryman have been issued only on 12-5-1971. Therefore, they contended that the petitioner not being in regular service as on 7-4-1970, cannot continue upto the age of sixty.