STATE OF KERALA Vs. JOSEPH

JUDGEMENT

(1.) The appeal is by the State. The challenge is with regard to the direction of the learned Single Judge in the judgment passed in O. P. No. 13771/97 that the present respondent who is the Cleaner of a Bus should be allowed to continue in Government service till the attainment of 60 years.

(2.) The case of the respondent herein as petitioner in the Original Petition was that on sponsoring by the Employment Exchange, he was appointed as Cleaner cum Conductor of a Bus of the Medical College, Kottayam by a Committee consisting of several members of the teaching staff on 5-2-1968; that the Bus in which he was employed actually belonged to the Government; that subsequently the Govern merit created two posts of Drivers and two posts of Cleaners in the Medical College, Kottayam as per G. O. dated 25-6-1977; and that on request made to the Principal, Medical College for absorption in Government Service and regularisation, his service was regularised with effect from 25-6-1977. Since the actual service was from 1968 onwards, it is contended that he has a right to continue in service by virtue of R.60 of Part I of Kerala Service Rules.

(3.) The normal retirement age of Government Servants is on attainment of 55 years. This is made clear in R.60(a) of part I K.S.R. R.60(b) is rather a proviso to the said main clause. It proceeds as follows: