JALALUDHEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a last grade servant. He has commenced service as last grade servant after 7.4.1970, the date made mention of R.60(b) of Part I K.S.R. The said rule provides that last grade servants commenced service on or before that date and continuing so will be entitled to be in service unit they attain age of 60 years. In the case of others, they have to retire on superannuation on attaining 55 years. Later, amendments were issued, enabling ex-servicemen and similar categories as on the said date appointed in last grade service to continue until 60 years. The petitioner contends that last grade servants form a single class irrespective of the date of entry in service and there cannot be two different yardsticks in the matter of age for superannuation. Such classification with reference to the date 7.4.1970 adopted in R.60(b) Part I K.S.R. is thus violative of Art.14, 16 and 21 of the Constitution of India. It is further contended that when too many groups like Ex-servicemen etc are given the benefit of continuance until 60 years though their entry in the last grade service later than 7.4.1970, there is no reason to exclude that benefit to other last grade servants.

(2.) These contentions are without any basis. There was challenge against fixation of the said date in O.P. 9417/91. It was found as follows: