IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 21085 of 2003(I) --------------------------------------- PETITIONER(S): ----------------------- 1. RADHAMMA. P.R., W/O. LATE ARAVINDAKSHA PILLAI, KOKKOTTIL VEEDU, P.O. VELLOOR, PAMPADI, KOTTAYAM DISTRICT. 2. T.A. MARY, W/O. V.K. KURIAN, VATTATHUNDATHIL, KURUMULLOOR P.O., KOTTAYAM DISTRICT. 3. C.K. DAKSHAYANI, W/O. LATE KUNJIKRISHNAN 'KALYSMARAKAM', ARPPOOKKARA, KOTTAYAM. BY ADV. SRI.M.NARENDRA KUMAR, SRI.SALISH ARAVINDAKSHAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF HEALTH SERVICES DIRECTORATE OF HEALTH SERVICES, TRIVANDRUM 3. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, GANDHI NAGAR, KOTTAYAM. R1 TO R3 BY GOVERNMENT PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21085/2003-I ORDER ON I.A. NO.8021/2003 IN WP(C) NO. 21085/2003 DISMISSED 28/05/2010. SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 07/02/2003 IN O.P. NO. 4495/2003. EXT.P2: COPY OF THE HERARING NOTES SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18/03/2003. EXT.P3: COPY OF THE DECISION OF THE SECOND RESPONDENT ON EXHIBIT P2 ISSUED TO THE PETITIONERS. EXT.P4: COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)NO.127/88/H& FED DATED 30/03/1988 FROM THE HEALTH AND FAMILY WELFARE (F) DEPARTMENT, TRIVANDRUM TO THE DISTRICT MEDICAL OFFICER OF HEALTH, PATHANAMTHITTA. EXT.P5: COPY OF THE JUDGMENT DATED 28/08/1991 IN O.P. NO. 4661/1991. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY T.A. MARY, ONE OF THE PETITIONER BEFORE THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & WELFARE, TRIVANDRUM. EXT.P7: COPY OF THE LETTER NO.10336/HARJI. A4/2003/LEGI. DATED 06/10/2005. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C)No.21085 of 2003 ----------------------------------------- Dated this the 28th day of May, 2010 JUDGMENT The petitioners in this writ petition were initially appointed as Family Planning Voluntary Worker on a consolidated pay of Rs.20/- per mensem in the Health Services Department. This was some time during the year 1965/1969. They were later appointed as Part Time Workers (Contingent) in the year 1975-76 and were thereafter promoted as Grade II/Grade I Attenders. Petitioners 1 and 2 retired from service on 1-4-2003. The 3rd petitioner has also since then retired from service. The claim made in this writ petition is that the petitioners are entitled to continue in service till they attain the age of 60 years in terms of Rule 60(b) of Part I of the Kerala Service Rules Rule 60(b) of Part I KSR reads as follows:- “60(b) Officers in the Last Grade Service on 7th April 1970 will retire on the afternoon of the 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 Rule 12(16-A). Note 1.- Ex-servicemen who were in Armed Force prior to the 7th April, 1970 and W.P(C)No.21085 of 2003 -:2:- who have been appointed as Last Grade Employees in the Last Grade Service in the State after the 7th April 1970 will also be eligible for the benefit of the above rule provided they continue to be in the Last Grade Service. Note 2.- The patient employees appointed as Hospital Attendant Grade II in the Leprosy Hospitals under Health Services Department will also be eligible for the benefit of the above rule irrespective of the date of appointment.“ 2. As per Rule 60(b), employees in the Last Grade Service on 7- 4-1970, who continue to be in the Last Grade Service as defined in Rule 12(16A) of Part I KSR are entitled to continue in service till they attain the age of 60 years. Notes 1 and 2 are not relevant for the purpose of this case and therefore, I am not adverting to them in detail. The short question that arises for consideration in this writ petition is whether the petitioners were in the Last Grade Service on 7- 4-1970 and continued to be in the Last Grade Service. The term 'Last Grade Service' is defined in Rule 12(16A) of Part I, KSR and the definition reads as follows:- W.P(C)No.21085 of 2003 -:3:- “12(16A) Last Grade Service.-- Means service in any post included in the Kerala Last Grade Service constituted by the Special Rules for the Kerala Last Grade Service, published under G.O(P)No.82/Public (Rules) Department dated the 8th March 1966, in Part I of the Kerala Gazette No.14, dated the 5th April 1966, as amended from time to time, and includes all other posts carrying the lowest scale of pay in the schedule of pay scales in force from time to time and service in any post declared by the Government to be a post in the Last Grade Service.” Going by the said definition the petitioners can claim the benefit of Rule 60(b) only if the post of Family Planning Voluntary Worker, which they were holding as on 7-4-1970 is a post included in the Kerala Last Grade Service. They can also claim the benefit of being in the Last Grade Service if the post which they were holding carried the lowest scale of pay in the schedule of pay scales in force from time to time. They can also claim to be in the Last Grade Service, if the post which they were holding on 7-4-1970 has been declared by the Government to be a post in the Last Grade Service. 3. It is not in dispute that the post of Family Planning Voluntary Worker is not a category in the Special Rules for the Kerala Last Grade W.P(C)No.21085 of 2003 -:4:- Service. Therefore, going by the first limb of the definition of the term Last Grade Service, the petitioners cannot claim the benefit of Rule 60 (b) of Part I KSR. The petitioners were paid a consolidated pay of Rs.20/- per mensem. They were not placed in the lowest scale of pay in the schedule of pay scales and therefore, they cannot claim that they were holding a Last Grade Post for the reason that the post which they were holding carried the lowest scale pay in the schedule of pay scales in force at that point of time, namely on 7-4-1970. The petitioners have not pleaded or proved that the post of Family Planning Voluntary Worker has been declared by the Government to be a post in the Last Grade Service. Therefore, going by the definition of the term Last Grade Service occurring in Rule 12(16A) of Part I KSR, the petitioners cannot claim that they were in the Last Grade Service as on 7-4-1970. The fact that they came to be in the Last Grade Service in the year 1974-75 cannot enable them to claim continuance in service till they attain the age of 60 years for the reason that Rule 60(b) of Part I KST applies only to employees in the Last Grade Service on 7.4.1970 and continued to be in the Last Grade Service even thereafter. The petitioners are also not covered by Notes 1 and 2 to Rule 60(b) of Part I KSR. Therefore, the relief prayed for by them cannot be granted. W.P(C)No.21085 of 2003 -:5:- I accordingly hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C)No.21085 of 2003 ---------------------------- JUDGMENT 28th May, 2010