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1991 Supreme(Ker) 385

USHA
M. V. K. Nambiar – Appellant
Versus
State of Kerala – Respondent


Judgment :-

When the Chief Justice of the Kerala High Court extends the period of service of an employee of the High Court beyond the date of superannuation in exercise of his power under Article 229 of the Constitution, read with Rule 35 of the High Court Service Rules, 1970 and Rule 60(a) Part I of Kerala Service Rules, deposit require the concurrence of the State Government, is the question to be decided in this Original Petition.

2. The petitioner, with 25 years of service in Army was appointed as Security Officer of the Kerala High Court as per the order of the Chief Justice dt.16-1-1978. He joined duty on 23-1-1978. His probation was declared with effect from 23-1-1980 and he was appointed as a full member of the High Court Service. Petitioner's date of birth being 30-6-1931, he was to retire from service on 30-6-1986 at the age of 55 years. Since there was deficiency in the period of his service for claiming pension, the petitioner made a request for extension of his service from 1-7-1986 to 31-12-1987. The High Court recommended the above request of the petitioner and the Government granted sanction for the same. The second respondent, Accountant General, sought a clarificat




































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