Kerala High Court rules against aided school service for Rule 60(b) benefit (b)

The State of Kerala appealed the Kerala High Court's decision allowing a respondent's claim for government service continuation until age 60 under Rule 60(b) Part-I KSR based on service in an aided school. The court held that aided school service did not meet the criteria for the Rule 60(b) benefit, which was specifically for Last Grade Service officers pre-1970. As the respondent failed to prove inclusion in last grade service as of 07.04.1970, the appeal was upheld, denying the claim for service continuation until age 60.

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Issues involved: Interpretation of Rule 60(b) Part-I Kerala Service Rules for entitlement to government service up to 60 years of age based on service in an aided school as on 07.04.1970.

Summary:
The respondent, who worked as a full-time menial in an aided school, claimed entitlement to continue in government service until 60 years of age under Rule 60(b) Part-I KSR. The Kerala High Court allowed the claim, but the State of Kerala appealed, arguing that aided school service did not qualify for the benefit. The key question was whether the respondent met the criteria for Rule 60(b) entitlement.

The Kerala Service Rules (KSR) consist of three parts, with Part-I covering general service conditions. Rule 60 deals with retirement, with clause (b) providing an exception for officers in the Last Grade Service as of 07.04.1970 to retire at 60 years if they remain in that service. The respondent needed to satisfy conditions related to last grade service as defined in Rule 12(16A) to qualify for this benefit.

The benefit under Rule 60(b) was introduced to protect certain government servants who were in last grade service pre-1970, allowing them to continue until 60 years of age. The exception clause must be strictly interpreted and proven by the claimant to apply. The respondent failed to demonstrate inclusion in the last grade service as per the special rules or continued eligibility as of 07.04.1970.

The respondent's service in an aided school was not automatically considered part of the last grade service for Rule 60(b) purposes. While aided school service counted towards pension, it did not guarantee service continuation until 60 years of age. The respondent's claim for Rule 60(b) benefit was not substantiated, leading to the appeal's allowance and the High Court's judgment being set aside.

In conclusion, the appeal was upheld, and the respondent's claim for service continuation until 60 years of age under Rule 60(b) Part-I KSR was denied.

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