Abdul Gafoor, J.

The grievance now voiced before us at the time of oral arguments by the counsel for the appellant is that because of the fault on the part of the appointing authority and the Government in not giving him a posting order on first appointment, he is left with a situation of earning only less than 10 years service, which will not entitle him for superannuation pension in terms of a rule 57 of Part III of the Kerala Service Rules.

2. It is admitted by the appellant that he was advised for appointment as Assistant Surgeon by the Public Service Commission on 6.1.1993. Consequent on the advice he was appointed. The appointment order is not produced. It is submitted that appointment order was issued on 20.1.1993. According to him, he was suffering from prolapse of inter vertibral disc. He applied for time for joining duty. That shows that he did know that there was a provision for extension. Then he was also bound to know how much time maximum shall be granted. Going by the Circular, the maximum period allowable is only 45 days. Accordingly, he was liable to join duty, at any rate, on 5.3.1993. It is submitted that the communication in that regard, Ext. A2, was d