1987 (6) TMI 394

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....Petitioner was appointed as a Lower Division Clerk in the Registration Department of the erstwhile State of Madras on 23-4-1954. He got an inter-departmental transfer to the Revenue Department on 1-2-1956. On the formation of Kerala consequent on the reorganization of States with effect from 1-11-1956, he was allotted to the State of Kerala. He was bound by the provisions of the Kerala Service Rul....

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....icers to opt in favour of Madras Rules in the matter of age of retirement from service. Reference is made to Ext.P6 order which was passed consequent upon Ext.P4 judgment. It is not seriously controverted that the petitioner is bound by the provisions of the Kerala Service Rules. This position is clear from Rule 2 Part I of those Rules. Admittedly, he had not exercised option in terms of Ext. P2 o....

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.... erstwhile State of Madras. Nor was he allotted to the State of Kerala in terms of section 115 of the States' Reorganization Act. His status was indeterminate at the time when Ext. P2 notification was issued. Nor was he given a right of option at the time when notification dated 10-11-1959 was issued. Virtually, therefore, he had no opportunity of exercising option to be governed by the pre-ex....

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....ise his option at least once. This court observed, that the fact that the option was exercised beyond the time fixed in Ext.P2 or the notification dated 10-11-1959 or any other order should not stand in the way of the State Government considering the only option exercised by an officer of this nature. It is evident, that employees of the Government of India, who were entitled to continue in servic....