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Issues: Whether a government employee who had worked as a full time menial in an aided school on 07.04.1970, but who was not shown to be in the Kerala Last Grade Service as defined under the service rules, was entitled to continue in service up to the age of 60 years under Rule 60(b) of Part-I of the Kerala Service Rules.
Analysis: Rule 60(a) fixed the normal age of retirement at 55 years, while Rule 60(b) created a limited exception only for officers in the Last Grade Service on 07.04.1970, and only so long as they continued in that service as defined in Rule 12(16A). The exception was held to be a special one and, as such, had to be strictly construed. The employee failed to produce material showing that the post of full time menial in an aided school was included in the Kerala Last Grade Service or that his service fell within the protected category contemplated by the exception. The provisions relating to qualifying service and past aided school service under Part III were held to govern pension, not extension of service up to 60 years.
Conclusion: The employee was not entitled to the benefit of Rule 60(b) of Part-I of the Kerala Service Rules and could not claim continuation in service up to 60 years on the basis of aided school service.
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