C HARIDASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The point that arises for decision in this Original Petition is, what is the age of retirement of N.M.R. workers, who were absorbed into the regular establishment and who were holding Class III posts in the Kerala Water Authority at the time of their superannuation.

(2.) The brief facts of the case are the following: The 1st petitioner was appointed in the erstwhile Public Health Engineering Department through the Employment Exchange as C.L.R. Operator and thereafter, he was posted as N.M.R. Operator in 1968. The 2nd petitioner was also appointed in the P.H.E. Department on being sponsored by the Employment Exchange as N.M.R. Operator in 1968. The petitioners were absorbed into the post of Operator in the regular establishment from the category of N.M.R. Operator, as per the orders issued by the Government with effect from 12-10-1981. Later, when the Kerala Water Authority was formed, the petitioners were absorbed in the said authority. They were Class III employees in the P.H.E. Department and also in the Kerala Water Authority.

(3.) The Government issued Ext.Pl order, G.O.(P) No. 106/85/PW & T. dated 17-9-1985, ordering to regularize the N.M.R. workers, who have completed 5 years' service as on 19-5-1983 in the P.W.D. The said order provided that the age of retirement of N.M.R. workers appointed after 7-4-1970 shall be 55 years. The persons recruited before this date shall be retained in service till they attain the age of 58 years. It was also ordered that all the rules and regulations applicable to Government Servants shall be made applicable to N.M.R. workers, when they are regularized as Government Servants.