TMI Blog1987 (6) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 Rules. Rule 60 thereof prescribes the age of retirement as 55 years. The age of re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 order to be governed by the Madras Rules, even in respect of the matters specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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-existing service conditions after he was finally treated as an Allottee to the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 service till the attainment of 58 years, according to the pre-existing service condit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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