JUDGMENT K. Balakrishnan Nair,J. 1. The point raised in this appeal is whether a Ferryman appointed on the advice of the Public Service Commission before 7-4-1970 is entitled to get the benefit of R.60(b) of Part I Kerala Service Rules, so that he can continue in service upto the age of sixty. The brief facts of the case are the following:- 2. The writ petitioner, the respondent in the Writ Appeal has been advised for appointment as Seasonal Ferryman in the Public Works Department in Alappuzha District by the District Recruitment Board of the Public Service Commission on 13-3-1963. Pursuant to the said advice, he joined service as Seasonal Ferryman on 25-7-1963. According to petitioner, he became a full time Ferryman on 20-4-1967. He was given the first higher grade of thirteen years service with effect from 20-4-1980 and the second higher grade with effect from 1 -4-1987. According to him, he always remained in the same post of Ferryman without any promotion. The said post being one included in the last grade service, he is entitled to continue in service upto the age of sixty by virtue of R.60(b) in Part I Kerala Service Rules. 3. The claim of the petitioner was resisted by the respondents in the Original Petition who are the appellants in the present appeal, stating that formal orders regularising his service in the post of Ferryman have been issued only on 12-5-1971. Therefore, they contended that the petitioner not being in regular service as on 7-4-1970, cannot continue upto the age of sixty. 4. The learned single Judge took the view that since the petitioner was appointed in 1963 on the basis of the advice of the Public Service Commission, his appointment cannot be treated as temporary in the light of R.3 of Part II of the Kerala State & Subordinate Service Rules. The Original Petition was allowed declaring that the petitioner is entitled to the benefit of R.60(b) of Part I Kerala Service Rules. 5. The dissatisfied respondents in the Writ Petition appeal, saying that the regularisation of the petitioner having been done only on 12-5-1971, he is not entitled to the benefit of R.60(b). Since there was a dispute regarding the date of absorption as full time Ferryman, we directed the appellants to make available the service book of the writ petitioner. 5. The dissatisfied respondents in the Writ Petition appeal, saying that the regularisation of the petitioner having been done only on 12-5-1971, he is not entitled to the benefit of R.60(b). Since there was a dispute regarding the date of absorption as full time Ferryman, we directed the appellants to make available the service book of the writ petitioner. On going through the service book, it is seen that he joined service on 25-7-1963 as a seasonal ferryman in the scale of pay Rs.30-40 on the basis of the advice of the Public Service Commission dated 13-3-1963. At page 11 of the service book, it is seen that his pay was fixed at Rs.61 in the revised scale of pay of Rs.60-80 on 1-6-1966. It is also seen from the service book that he has become a full time ferryman with effect from 20-4-1967 in the work establishment. Later, by order dated 12-5-1971, he was posted as ferryman in the regular establishment. 6. As per the definition of "last grade service" contained in R.16(a) of Part I Kerala Service Rules, the post of ferryman is included in the said service, as the maximum of the scale of pay of the said post did not exceed Rs.85/-. The definition of "last grade service" between 29-12-1960 and 11-12-1979 was as follows: "(a) Service as peon, head peon, mochee and duffadar. (b) Service of persons who were holding posts, the pay or the maximum pay of which as revised in the general pay revision in the year 1966, did not exceed Rs.85/- and who continue to hold any such posts. (c) Any service which has been specifically classed as last grade service by the orders of Government. Note: Service in the following posts will not be treated as last grade service:- 1) Excise Guard 2) Forest Guard 3) (XXX) 4) Warder in the Jail Department (5)Police Constables - who are below the age of 50 on 14-2-1963, 6) Nursing Orderlies." 7. As stated earlier, the scale of pay of the writ petitioner as on 1-6-1966 was Rs.60-80. It is evident that he has been working as full time ferryman with effect from 20-4-1967. First higher grade of 13 years service has been granted to him on 20-4-1980 counting his service from 20-4-1967. The second higher grade in 1987 was also granted counting the said service. It is evident that he has been working as full time ferryman with effect from 20-4-1967. First higher grade of 13 years service has been granted to him on 20-4-1980 counting his service from 20-4-1967. The second higher grade in 1987 was also granted counting the said service. Further, the writ petitioner was appointed through the Public Service Commission from the list of approved candidates as contemplated under R.3. He is not a person handpicked by the concerned officer, nor one sponsored by the Employment Exchange for provisional appointment. So, his appointment on the advice of the Public Service Commission is a regular appointment and he became a full time ferryman with effect from 20-4-1967. Therefore, the commissions or omissions of the appellants treating him only as part of work establishment upto 1971 and thereafter in the regular establishment, cannot defeat his rights flowing from the Rules in the light of his appointment through Public Service Commission. Therefore, he should be held as in the regular service before 7-4-1970. We are in respectful agreement with the view taken by the learned single Judge in this regard. The Appeal lacks merit and therefore the same is dismissed. Counsel for writ petitioner submitted that because of the pendency of the case, his pensionary benefits have not been paid so far. The appellants are directed to pay the pensionary benefits due to him within two months from the date of receipt of a copy of this judgment.