MARIAM Vs. DEO

JUDGEMENT

(1.) The petitioner was appointed as a part-time Menial in the Sacred Heart High School, Thiruvambady on 1st June 1960. She was appointed as a full-time Menial with effect from 19th June 1970. Petitioner's date of birth is 13th June 1927. The 3rd respondent - Headmaster - by Ext. P-1 dated 23rd June 1982 informed the petitioner that her service will be terminated on the afternoon of 30th June 1982, since she completes the age of retirement, of 55 years on 12th June 1982. It Is also stated that the petitioner is not entitled to continue in service till the age of 60 years, as she became full-time Menial only from 19th June 1970 onwards. This Original Petition is filed to quash Ext. P-1 dated 23rd June 1982 and to restrain the respondents from terminating the petitioner's services with effect from 30th June 1982 and for other reliefs.

(2.) On behalf of the 1st respondent - District Educational Officer, Kozhikode - a detailed counter affidavit dated 9th September 1983 has been filed. It is stated that the petitioner will be governed by R.5 of Chap.24B of the Kerala Education Rules and her age of retirement on superannuation shall be as that of the corresponding non teaching staff in Government schools. That is provided under R.60 of the Kerala Service Rules. The petitioner belongs to the last grade and as she was not a full-time employee on 7th April 1970 (she was promoted as full-time Menial only on 19th June 1970), the rules laid down in R.60(a) of the Kerala Service Rules will be applicable. R.60(b) of the Kerala Service Rules cannot be made applicable to the petitioner to continue in service till the age of 60 years, in view of R.2(ii) of the Kerala Service Rules. Ext. P-1 is sought to be sustained on that basis.

(3.) I heard counsel for the petitioner, Mr. M. Vijayakumar, and the Senior Government Pleader, Mr N. N, Divakaran Pillai, who appeared on behalf of the respondents. It is common ground that the petitioner became the full-time Menial only with effect from 19th June 1970. It is also common ground that Chap.24B R.5 applies to the instant case. Chap.24B, R.5 of the Kerala Education Rules is to the following effect: