RAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) When O.P. No. 20479 of 2002 had come up for consideration, the learned Government Pleader had brought to the attention of the Court a judgment of this Court in O.P.No. 105 of 1992, where it had been held that a full time Sweeper as on 7.4.1970 working in a Panchayat is not entitled to continue in service till attainment of the age of 60. The claim urged in O.P. No. 20479 of 2002 was that the petitioner was entitled to continue in service till he attains the age of 60 years, as authorised by Rule 60(b) of Part I of the Kerala Service Rules, since he was in service as a last grade servant as on O.P.Nos. 13224 of 1998, 3690/99 & 20479/2002. Decided on 17th March, 2005. 7.4.1970. The learned Single Judge had found that the decision in O.P. No. 105/92 might have to be examined with particular reference to certain other rules and there was possibility of recognition of the claims as highlighted in the later Original Petition. The said Original Petition was therefore referred for consideration by a Bench. It is noticed that on the same day the learned Judge had directed the other two Original Petitions also to be listed along with the referred case.

(2.) The claims as put in O.P. No. 13224 of 1998 and O.P. No. 20479 of 2002 are identical in nature, but the facts presented in O.P. No. 3690 of 1999 appear to be different on certain aspects. The petitioner in O.P. No. 3690 of 1999 was the petitioner in O.P. No. 105 of 1992, referred to earlier. His claims had been found as not sustainable, and as a consequential measure certain payments made over to him were attempted to be recovered as inadmissible. These proceedings are challenged. We will deal with the above O.P. after examining the contentions in the connected cases.

(3.) Petitioners in O.P. No. 20479 of 2002 and O.P. No. 13224 of 1998 are similarly situated. We may first refer to the facts stated in O.P. No. 20479 of 2002. At the time of filing of the Original Petition, the petitioner was working as a Peon of a Grama Panchayat. His first appointment was as a full time Sweeper at Kattiparuthi Panchayat on 1.11.1965. He claims that his appointment was as a last grade servant. He had been later promoted as a Peon on 1.7.1972. He submits that this too was a last grade service, as could be seen from Ext.P2. The averment in the Original Petition is that when the Kerala Panchayat Common Service Rules came in the year 1977, he was placed as a last grade servant in the common service. Thereafter, Special Rules for the Kerala Panchayats Subordinate Service were introduced in 1994 and they were deemed to have come into force effective from 1.1.1990. It is also submitted that on the formation of the Kerala Panchayats Subordinate Service Rules, staff under the Local Administration Department and staff coming under the purview of the Kerala Panchayat Common Service were integrated into one service, namely Kerala Panchayats Subordinate Service.