C. CHANDRASEKHARA MENON Vs. STATE OF KERALA AND ANOTHER

JUDGEMENT

(1.) These writ petitions were heard together as they raised a somewhat tricky question. The facts may be understood with respect to O. P. No. 4365 of 1978 in which the arguments were advanced, the petitioners in the other writ petitions associating themselves with the arguments thus advanced, and leaving their writ petitions to abide by the fate of this writ petition. O.P. No. 4365 of 1978 The orders Bought to be quashed are Exts. P3 and P7, P3 being a communication from the Directorate of Indigenous Medicine, rejecting the petitioner's request to allow him to continue in service till the age of 60, and P7, the order of the Government rejecting the petitioner's appeal against the said decision. The petitioner claims to be a member of the last grade service, and as such entitled to the benefit of higher age of superannuation on the completion of 60 years of age under Rule 60(b) of the Kerala Service Rules, Part I. The expression 'last grade service' Is defined by Rule 12(16-A) of the Kerala Service Rules, Part I. That definition reads:

(2.) We accordingly allow this Original Petition by setting aside Exts. P3 and P7 orders and direct the Government to examine the matter afresh in accordance with law and in the light of the observations contained in this Judgment, and pass appropriate orders expeditiously, as far as possible, within a period of three months from today There will be no order as to costs. We should not be understood as having precluded the petitioner from making any further representations which he would like to make to the Government. Issue carbon copy of this judgment to Counsel appearing in the case on usual terms.