MADHUSOODANAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was selected by the Public Service Commission for appointment as Peon in the Kerala Last Grade Service. He joined on 29.5.1970 as a full time Peon in the Agricultural Income tax and Sales Tax Department. His appointment order was issued pursuant to an advice given by the Public Service Commission on 21.2.1970. Petitioner contends that in view of R.60(b) of Part I of the Kerala Service Rules, he is entitled to continue in service upto 60 years. The petitioner alleges that as he was advised by the P.S.C. on 21.2.1970, it must be deemed that he was in service from that date onwards. The petitioner filed the Original Petition for a writ of mandamus or any other writ, direction or order directing the respondents to grant him the benefit of R.60(b) of Part I of the K.S.R.

(2.) We heard the petitioner's counsel and the learned Government Pleader. The petitioner's counsel elaborately argued and contended that R.60(b) of Part I of the K.S.R. to be read along with S.27(c) of the Kerala State and Subordinate Service Rules, 1958 and if a harmonious interpretation of the two provisions is made, it will lead to the conclusion that petitioner can be deemed to be in service from 21.2.1970 and thus the petitioner is entitled to the benefit of R.60(b) of Part I of the K.S.R. The relevant portion of R.60(b) of Part I of the K.S.R. reads as follows:

(3.) The contention of the petitioner is that in view of R.27(c) of the K.S. & S.S.R., the petitioner's service shall be counted from 28.2.1970 the date on which the P.S.C, issued the advice memo to the petitioner. R.27(c) of the K.S. & S.S.R. deals with seniority. R.27(a) says that seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as punishment, be determined by the date of the order of his first appointment to such service, class, category or grade. R.27(c) of the K.S. & S.S.R. reads as follows: