HARILAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in O.P. 9628/95 is the appellant. He claimed the benefit of R.60(b) of Part.1 K.S.R. That claim was negatived by the learned single Judge on the ground that he was not a member of the last grade service as on 7. 4. 70. This view taken by the learned single Judge is under challenge.

(2.) Petitioner was advised by the Public Service Commission on 20.2.70 for appointment to the post of Peon in Ernakulam Revenue Establishment. Pursuant thereto, by order dated 4.4.70, he was appointed as peon. He was allotted to the Revenue Divisional Office, Muvattupuzha. Posting order was issued to him on 24.4.70. Pursuant thereto he joined duty on 25.4.70. The post to which he joined belongs to the last grade service. He continues to be in the last grade service on the date when he completed the age of 55 years. So he wanted the benefit of R.60(b) of Part.1 K.S.R. and to continue in service till he attains the age of 60 years.

(3.) According to learned counsel representing the appellant, the advice given by the Public Service Commission is dated 20.2.70. He was appointed as peon on 4.4.70 as per Ext. P1 order issued by the District Collector, Ernakulam. But posting was given as per order dated 24.4.70 and petitioner could join on 25.4.70. His seniority in the cadre of Peon is to be reckoned on the basis of the date of advise given by the Public Service Commission so according to counsel, appellants seniority in the cadre of Peon in the last grade service is on the basis of the advice dated 20.2.70. Therefore he must be deemed to be a member of that service with effect from 20.2.70. This argument is quite attractive. But we find it very difficult to accept the same. R.60(b) states :