P. KARUNAKARAN Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner was Ferryman in the service of the respondents 1 to 4. He was retired at the age of 55 on attaining superannuation, on 30-10-96. He has approached this Court challenging the steps taken to retire him on that date on attainment of 55 years contending that he is entitled, being a last grade servant, to continue until he attains the age of 60 years on 30-10-2001. The petitioner relies on Rule 60(b) Part I K.S.R. The petitioner submits that he is entitled to avail of the benefits in terms of the said rule as he had entered service as early as on 20-5-1968.

(2.) On petitioner's own showing, he joined service under the 4th respondent as a contingent employee with effect from 20-5-68. He became Ferryman, a post now included in the last grade service as per special rules for the Kerala Last Grade Service, on 25-5-72. Therefore, from 20-5-68 to 24-5-72, the petitioner was a part-time contingent employee and from 25 5-72 onwards he is a regular full time employee as a Ferryman included in the last grade service. Therefore, in terms of Rule 60(b) Part I K.S.R. he is a person who had entered service before 7-4-70. Therefore, he can be retired from service only at the age of 60 years, the petitioner contends.

(3.) Rule 60(b) Part I K.S.R. reads as follows :