KUNJULEKSHMI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS case has come to us on a reference made by Justice V.Sivaraman Nair on the ground that an important question of law fails for consideration in this case viz .,as to whether a Housekeeper is a last grade servant who is entitled to the benefit of Rule 60(b)of the Kerala Service Rules.

(2.) THE Petitioner was appointed as a Housekeeper on 24th July 1963 in the Health Services Department in the scale of Rs.40 -80.Her date of birth is 28th December 1932.She continues to hold the said post of Housekeeper even till this day.The age of retirement of Government servants is regulated by Rule 60(a)which prescribes 55 years as the age of superannuation.But a higher age of retirement of 60 years is provided by Rule 60(b)in favour of last grade servants who were in the last grade service on 7th April 1970 and continue to remain in that grade.The Petitioner apprehending that she will not be treated as a person belonging to last grade service and that therefore she would be called upon to retire on her attaining the age of 55 years made a representation as per Ext.P -1 claiming that she is entitled to the benefit of Rule 60(b)asserting that the post of Housekeeper held by her falls in the last grade service.As no reply was received for the said representation,she approached this Court with this Original Petition.