K. JANARDHANAN Vs. STATE OF KERALA AND ANR.

JUDGEMENT

(1.) THE Petitioner herein was appointed as a Night Watchman on 4th April 1967 in the Aftercare Home, Quilon. While the Petitioner was working in the Aftercare Home, special rules, called Service (Special Rules applicable to the Employees of the Grant -in -aid Institutions of Kerala under 'Social and Moral Hygiene and Aftercare' and 'Social Welfare' Programmes), were framed as per G.O. Ms. 18/70/Home, dated 23rd January 1970 and the same also were published in the Kerala Gazette No. 7, dated 17th February 1970 Part I. Thereafter, conditions of services of the Petitioner were governed by these rules; Ext. P -3 is a true copy of the rules produced along with the Original Petition. As per G.O. (Ms) 157/76/LA and SWD, dated 6th July 1976, a true copy of which is Ext. P -1, the Petitioner and other non -supervisory staff working in the welfare institutions under the administrative control of the Department of Social Welfare were absorbed into the Government service. It has been clearly stated in Ext. P -1, that services rendered by employees as non -supervisory staff of the welfare institutions will be counted for pension and that protection will be given to the pay drawn by the employees in their capacity as non -supervisory staff at the time of the absorption into the Government Service. Subsequently, further orders in this regard were issued by Government, by which the non -supervisory staff working in welfare institutions under the Department of Social Welfare who were absorbed into Government Service were allowed to count the service rendered by them as non -supervisory staff in the welfare institutions for fixation of pay, etc. Ext. P -2 dated 29th December 1976 is a true copy of the said order. The Petitioner having come to know that he had to retire from service on completion of 55 years made a representation to the Government contending that by virtue of Exts. P -1 to P -3, he is entitled to continue in service till he completes the age of 60. As per Ext. P -4 dated 28th August 1981 the Petitioner was informed that he was to be treated as a Government servant only from 6th July 1976, the date of absorption into Government service, and hence his request for extension of service cannot be considered.

(2.) IT was on receipt of the above communication that the Petitioner approached this Court praying that this Court may be pleased to issue a writ of certiorari, or other appropriate writ, or order, calling for records leading to Fxt. P -4 and quash the same, and also grant consequential reliefs.

(3.) RULE 60(b) reads: