PROJECT OFFICER, IRDP AND ORS. versus P. D. CHACKO

PROJECT OFFICER, IRDP AND ORS. versus P. D. CHACKO

Only officers in 'last grade service' as defined in Rule 12(16A) of the Kerala Service Rules as on 07.04.1970 who continue in such service are entitled to superannuation at 60 years; respondent did not produce evidence his post qualified nor that aided school service is so included.

Parties
Appellant: Project Officer, IRDP and Ors.; Respondent: P. D. Chacko
Jurisdiction
India
Judgment Date
11 May 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; High Court judgment set aside.
Legal Topics
Retirement, Kerala Service Rules, Superannuation, Exception Clause Interpretation
Service Law Retirement Kerala Service Rules Superannuation Exception Clause Interpretation

Case Brief

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Parties

Project Officer, IRDP and Ors.

Appellant

P. D. Chacko

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether respondent, having served as a full-time menial in an aided school as on 07.04.1970, is entitled to continue in government service up to 60 years under Rule 60(b) of Kerala Service Rules

Ratio Decidendi

Only officers in 'last grade service' as defined in Rule 12(16A) of the Kerala Service Rules as on 07.04.1970 who continue in such service are entitled to superannuation at 60 years; respondent did not produce evidence his post qualified nor that aided school service is so included.

Court Disposition

Appeal allowed; High Court judgment set aside.

Orders

  • Respondent's service between 55 and 60 years, under court order, does not count for pension or service benefits.
  • Salary paid for this period shall not be recovered.