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1967 Supreme(Ker) 160

P.T.RAMAN NAYAR, M.U.ISAAC, V.P.GOPALAN NAMBIYAR
N. Srinivasan Addl. Dist. and Sessions Judge Quilon – Appellant
Versus
State of Kerala – Respondent


Advocates:
In O. P. No. 2119 of 1967. K.V. Suryanarayana Iyer, T. Vishwanatha Iyer, C.M. Devan and N.N. Venkitachalam, for Petitioner; Advocate General for Respondent. In O. P. No. 2181 of 1967. S. Easwara Iyer, L.G. Potti and C.S. Rajan, for Petitioner; Advocate General, for Respondent.

Judgement

RAMAN NAYAK, J. :- By a series of orders beginning with G. O. (MS) No. 91/65 Home dated 5-3-1966 and ending with G.O. (P) 376/66/Fin. dated 12-8-1966. The State Government raised the age of superannuation of the members of the several, State Public Services (excepting those of the Last Grade Service for whom the age was already 60) from 35 to 58. And, accordingly, Rule 60(a) of Part I the Kerala Service Rules (the) K.S.R. for short-those are rules made under the proviso to article 309 of the constitution which specifies the age of superannuation and provides for compulsory retirement at that age, was amended on 18-1-1967 as follows :-

"60(a). Except as otherwise provided in these rules the date of compulsory retirement of an officer other than in last grade service is the date on which he attains the age of 58 years. He may be retained after this date only with the sanction of Government or Public grounds which must be writing, but he must not be recorded in the age of 60 years except in very special circumstances.

Note 1 : The age of compulsory retirement of the categories of Officers mentioned below has been fixed as 58 years from the dates noted against each.

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