RABECCA Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner, an employee of the University of Kerala, the Respondent No. 3 herein, challenges the validity of the order of the State of Kerala, the Respondent No. 1 herein dated 14-1-1994 (Ext. P4), by which the Petitioner was held ineligible to continue in service beyond the age of 55 years.

(2.) The Petitioner has been in the service of Christian College, Kattakkada affiliated to the University of Kerala for broken periods from 9-2-70 to 15-1-71. She worked continuously from 9-2-70 to 164-70, and from 25-5-70 to 12-8-70. She held the office continuously from 15-1-71 as a Last Grade Employee (Peon). The service was broken from 16-4-70 to 24-5-70 and from 12-8-70 to 14-1-71. The Government of Kerala has made First Statutes under S.83 of the Kerala University Act 1974 (Act 17 of 74) in respect of pension, provident fund, gratuity, insurance and age of retirement of members of non teaching staff in private colleges. The provisions of the First Statutes in respect of pension, provident fund and age of retirement of teaching staff apply to all members of the non teaching staff (paragraph 3 of the petition).

(3.) According to the Petitioner, although she was not in service from 16-4-70 to 25-5-70 from 12-8-70 to 14-1-71 she was nevertheless in service "on" 7-4-1970. The question is whether in order to be eligible for the benefit of the above provision, the Petitioner must be in service not only on 7-4-1970 but also continuously thereafter. In other words, do the words "on 7th April 1970" mean "on and from 7th April 1970 -