JUDGMENT

K.S. Radhakrishnan, J. —

1.Leave granted.

2.The question that falls for our consideration in this case is whether the respondent who was in service as on 07.04.1970 as a full time menial in an aided school is entitled to get the benefit of Rule 60(b) Part-I Kerala Service Rules, (KSR for short) so as to continue in government service upto 60 years of age.

3.The respondents entered service in an aided school on 25.06.1968 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 remained in the aided school se