PRESANNAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in O. P. No. 8452/96 is a member of the last grade service. He wanted to continue in service till he completes the age of 60 years as per R.60(b) of Part I K.S.R. This claim was put forward by him on the ground that he was a member of the Home Guards on 7.4.1990 and so he is entitled to continue in service till he completes the age of 60 because he still holds the post in the last grade service. Learned single Judge rejected this claim and hence this appeal.

(2.) A member of the last grade service can claim the benefit of R.60(b) of Part I K.S.R. on satisfying two conditions. First one is that he should have been a member of the last grade service as on 7.4.1970. Second condition is that he should continue to be in the last grade service on the date when he completes the age of 55 years. Admittedly, the appellant before us was not a member of the last grade service as on 7.4.1970. He was only a member of the Home Guards. As a member of the Home Guards as on 7.4.1970, he wants to get the benefit of R.60(b), of Part I K.S.R.

(3.) In support of the claim put forward by the appellant, he relies on the note added to R.60(b). It states that ex-servicemen who were in Armed Force prior to 7.4.1970 and who have been appointed as last grade employees in the last grade service in the State after 7.4.1970 will also be eligible for the benefit of the Rule provided they continue to be in the last grade service. Notification by which the said note, was added to the Rule has been produced by the petitioner as Ext P1. The explanatory note given to the notification makes it clear that ex-servicemen who joined the Armed Force prior to 1970 and who have been appointed as last grade employees in the State Service after 1970 alone are to get the benefit. So the ex-servicemen who are to get benefit should have been persons who joined the Armed Force. By no stretch of imagination, can Home Guards be treated along with Armed Force. The terms ex-service will not take within its ambit the term ex-Home Guards. Consequently, petitioner who is an ex-Home Guard cannot claim the benefit of R.60(b) of Part 1 K.S.R.