GOVINDAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The main question that falls for decision is whether to obtain the benefit of R.60(b) of the Kerala Service Rules Part I, the officer concerned should have been holding a permanent post as on 7-4-1970 in the Last Grade Service; in other words, the question is, if he was appointed provisionally to a post in the Last Grade Service, whether he would be entitled to continue in service till he attains the age of 60 years, provided also that he would continue to be in the Last Grade Service as defined in R.12(16A) of the Kerala Service Rules till his date of retirement or superannuation.

(2.) The petitioner was appointed as a daily rated Chairman. While so, by Ext. P-1 order dated 14-8-1968 he was appointed as a full time contingent Chainman in the Survey and Land Records Department under the Board of Revenue. Later, by Ext. P-2 order dated 2-11-1970 he was allotted to one of the Land Tribunals as Full Time Contingent Chainman. Later, he was appointed under the Periyar Valley Irrigation Special Tahsildar, Kolencherry; and even at the time of the filing of the writ petition he was continuing in that post. The last paragraph of Ext. P7, G.O. (P) No. 43/77/GAD, General Administration (Rules) Department dated 8-2-1977, produced along with C.M.P. No. 22011 of 1982 by the petitioner, reads as follows:

(3.) The contention raised in the counter affidavit filed on behalf of the 1st respondent is that the petitioner not having been an officer in the Last Grade Service appointed permanently to a post, the benefit of extended period of service under R.60(b) of the Rules would not be available to him. On a careful consideration of the rule, I find it difficult to agree with the stand taken by the respondents. The interpretation sought to be placed by the respondents would be warranted only if we read into the rule that for the purpose of the rule, service would mean only the service as a permanent government officer. On a plain reading of the rule it has to be held that the service, provisional or permanent, rendered during the relevant period, between 1-4-1968 and 31-3-1971, would be sufficient to attract the provisions. In this case, the petitioner was appointed on 14-8-1968 as a Full Time Contingent Chainman in the Land Revenue and Survey and Land Records Department of the Board of Revenue. That being the position, the petitioner, by virtue of the provisions contained in R.60(b) of the Kerala Service Rules Part I is entitled to continue in service till he attains the age of 60 years.