RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was appointed as a Lower Division Clerk in the Registration Department of the erstwhile State of Madras on 23-4-1954. He got an interdepartmental transfer to the Revenue Department on 1-2-1956. On the formation of Kerala consequent on the reorganisation States with effect from 1-14-1956, he was allotted to the State of Kerala . He was bound by the provisions of the Kerala Service Rules. R. 60 thereof prescribes the age of retirement as 55 years. The age of retirement which was 55 years in the State of Madras at the time of reorganisation of States has been subsequently enhanced to 58 years. PETITIONER submits that had he continued in the State of Madras, he would have been able to continue in service till he attains the age of 58 years. He also submits that he was entitled to opt in favour of the Madras rules by reason of Ext. P2. It is his further submission that the State Government is bound to consider Ext. P3 representation submitted by him as an application to opt in favour of the madras Fundamental Rules enabling him to continue in service upto 58 years. He relies on Exts. P4 and P5 judgments of this court. According to him, those judgments enable allotted officers to opt in favour of Madras Rules in the matter of age of retirement from service. Reference is made to Ext. P6 order which was passed consequent upon Ext. P4 judgment.

(2.) IT is not seriously controverted that the petitioner is bound by the provisions of the Kerala Service Rules. This position is clear from R. 2 Part. 1 of those Rules. Admittedly, he had not exercised option in terms of Ext. P2 order to be governed by the Madras Rules, even in respect of the matters specified therein. Nor did he exercise any option in terms of the notification dated 10-11-1959 nor any of the Government Orders extending the period of option that he shall not be governed by the Kerala Service Rules. Obviously, therefore, at least till such time as Ext. P3 was submitted, the petitioner was governed by R. 60, Part. 1, Kerala Service Rules. Under that rule, he is liable to retire from service on attainment of 55 years of age.