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1998 DIGILAW 462 (KER)

Padmanabhan v. State of Kerala

1998-09-23

K.A.ABDUL GAFOOR

body1998
JUDGMENT K.A. Abdul Gafoor, J. 1. Admittedly all the petitioners in the Original Petitions are working as attenders in the Revenue Department. They have approached this Court to declare that they are entitled to the benefit of R.60(b) Part I K.S.R. and therefore are entitled to continue in service up to the age of 60 years. They are continuing as attenders for several years. Now they have attained the age of superannuation namely 55 years. They seek the benefit of R.60(b) Part I K.S.R. The said rule provides as follows: "(b) Officers in the Last Grade Service on 7th April, 1970 will retire on the afternoon of last day of the month in which they attain the age of 60 years provided that this benefit will be available to them only as long as they continue to be in the Last Grade Service as defined in R.12(16A)." As per this only all officers in the last grade service on 7.4.1970 will retire on the afternoon of the last day of the month in which they attain the age of 60 years. It is also provided that this benefit will be available only as long as they continued to be in the last grade service. Last Grade Service means service in any posts included in the Kerala Last Grade Service constituted by the special rules for that service published in the Government Order dated 8.3.96 as amended from time to time and any service in any posts declared by Government to be post in the last grade service, as defined in R.12 to 16A of Part I K.S.R. The issue is therefore, whether the petitioners are in the last grade service as on 7.4.70 and continued to be so. Admittedly all the petitioners were appointed before 7.4.1970 in the last grade as Peon or Gunman. It is also an admitted case that they got promotion from such posts and became attenders. That post is not included in the special rules for the Kerala Last Grade servants. There is no order declaring to be a post in the last grade service. So long as it remains so the post of attender cannot be said to be a last grade post and all officers occupying that posts cannot be said to be officers in the last grade service. There is no order declaring to be a post in the last grade service. So long as it remains so the post of attender cannot be said to be a last grade post and all officers occupying that posts cannot be said to be officers in the last grade service. The benefits of continuance up to 60 years is allowed only to those who continued to be in the last grade service on promotion as attenders. The petitioners seeks to be as last grade servants. Therefore, they cannot get the benefit of R.60(b) Part I K.S.R. Therefore the petitioners are not entitled to any relief in the Original Petition. Any person continued in the strength of stay order shall be treated as re-employed during the period of stay. Their emoluments shall be regulated in accordance with such re-employment. Original Petition is dismissed.