TMI Blog2010 (5) TMI 872X X X X Extracts X X X X X X X X Extracts X X X X ..... and worked as a full time menial upto 09.04.1976. He resigned from the post and joined as a Peon in the Tribal Welfare Department of the Government of Kerala on 10.04.1976. Respondent had raised a claim that he was entitled to continue in service up to 60 years of age as per Rule 60(b) Part-I KSR since he was working as a full time menial in an aided school as on 07.04.1970 and continued to be in the last grade till he attained the age of 55 years. His claim was rejected by the Department vide order No.E-49227/ 2001. 4. Feeling aggrieved by that order he preferred a writ petition O.P.No.29317/2001 before the Kerala High Court. Learned Single Judge of the Kerala High Court on 25.05.2006 allowed the writ petition holding that had he remai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppearing for respondent submitted that the service put in by the respondent in the aided school from 25.06.1968 to 09.04.1976 should be taken into consideration for the purpose of granting benefit under Rule 60(b) of Part-I KSR. Learned counsel submitted as per Rule 29(b) of Part-III KSR past service would be counted if a person resigns from a service to join another service. Learned counsel also referred to Rule 14E of KSR Part-III and submitted that the aided school service put in by the government employee prior to his entry in service would qualify not only for the purpose of pension, but also for continuity in service upto 60 years of age. Learned counsel, therefore, submitted that respondent had satisfied all the criteria for claiming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a specified category of officers in the last grade which is an exception to the main provision. Rule 60(a) and (b) read as follows:- 60(a) Except as otherwise provided in these rules the date of compulsory retirement of an officer shall take effect from the afternoon of the last day of the month in which he attains the age of 55 years. He may be retained after this date only with the sanction of Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances. (b) Officers in the Last Grade Service on the 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition is that the government servant concerned must have been in last grade service as on 07.04.1970 and the second condition is that the benefit of Clause b would be available only as long as such person continues to be in the last grade service as defined in Rule 12 (16A) of the rules. 10. Let us examine why this benefit has been extended to a specified category of government servants, i.e., Officers in the Last Grade Service as on 7th April, 1970. Certain categories of posts have been included in the Kerala Last Grade Service by the State of Kerala in exercise of the powers conferred by the proviso to article 309 of the Constitution of India vide Notification GO(P)No.82/66/PD dated 8th March, 1966 called special rules for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment employees. 12. Exception clause, is normally, part of the enacting section, unlike a proviso which follows an enacting part. Crawford s interpretation of Laws (1989) page 128, speaks of exception as follows:- The exception, however, operates to affirm the operation, of the Statute to all cases not excepted and excludes all other exceptions; that is, it exempts something which would otherwise fall within the general words of the Statute . 13. It is trite law that an exception clause has to be strictly interpreted and cannot be assumed but be proved. Exception clause is always subject to the rule of construction and in case of doubt, it must befriend the general provision and disfavour the exception. If any category ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were in aided school service then the same would have been specifically provided in the rules. Aided school service prior to government service is reckoned as qualifying years of service only for calculating pension not for continuity of service up to 60 years of age. Rule 29(b) Part III is also, not applicable to the facts of the case, since in this case we are concerned with the question whether the respondent falls within the exception clause (b) of Rule 60. Respondent s prior service in an aided school, we are informed has already been reckoned for the purpose of calculating pension but the period he has served from 55 years of age to 60 years of age on the basis of court s order cannot be reckoned for the purpose of pension and other ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
