PROJECT OFFICER, IRDP AND ORS. versus P. D. CHACKO

Citation: [2010] 6 S.C.R. 846 · Decided: 11-05-2010 · Supreme Court of India · Bench: DALVEER BHANDARI · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
8 
[2010] 6 S.C.R. 846 
PROJECT OFFICER, IRDP AND ORS. 
v. 
P. D. CHACKO 
(Civil Appeal No. 4392 of 2010) 
MAY 11, 2010 
[DALVEER BHANDARI AND K.S. RADHAKRISHNAN, 
JJ.] 
Service Law - Retirement - Kera/a Service Rules, 1959 
c - Part I, r.60(b)- Exception clause conferring benefit of higher 
age of superannuation for specified category of government 
employees - Entitlement under - Respondent worked as a 
full time menial in an aided school from 1968 to 1976 -
Subsequently, he resigned from the post and joined a 
0 government department - Claim by respondent that since he 
was in service of an aided school as on 7-4-1970, he was 
entitled to benefit ulr. 60(b) and thus continue in service upto 
60 years of age as against the normal superannuation age 
of 55 years - Tenability of - Held: Not tenable - In order to 
E get benefit of r.60(b), concerned government servant must 
have been in last grade service as on 7-4-1970 and 
continued to be in that last grade service - Respondent failed 
to produce any documents to show that the post he was 
holding 1. e., full time menial in an aided school was included 
in the categories of posts in the special rules for last grade 
F service nor did he show that he had continued to be in the 
last grade service as defined in r.12(16A) as on 7-4-1970 -
A/so no material was produced by respondent to establish that 
the service of full time menial in an aided school as on 7-4-
1970, was saved by r.60(b). 
G 
Interpretation of Statutes -
Exception clause -
Interpretation of - Held: 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 
H 
846 
PROJECT OFFICER, IRDP AND ORS. v. P. D. 
847 
CHACKO 
and disfavour the exception - If any category of person claims A 
exception from the operation of the statute, it must establish 
that it comes within the exception. 
Respondent worked as a full time menial in an aided 
school from 1968 to 1976. Subsequently, he resigned 
from the post and joined as a Peon in a. government 
B 
department. 
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 of the Kerala Service Rules, 1959 stating that 
he was in the "last grade service" as on 7-4-1970 and 
C 
continued to be in the "last grade service". The claim was 
rejected by the department. Respondent challenged the 
rejection before High Court. The High Court gave 
direction to confer the benefit of rule 60(b) Part-I on the 
respondent, which was challenged in the present appeal. 
D 
Before this Court, the question which arose for- . 
consideration was whether the respondent, who was in 
service of an aided school as on 7-4-1970, was entitled 
to get the benefit of rule 60(b) Part-I so as to continue in 
government service upto 60 years of age. 
Allowing the appeal, the Court 
HELD:1.1. Rule 60 of the Kerala Service Rules (KSR) 
dealing with the retirement of officers. appears in Chapter 
VIII of Part I KSR under the heading 'compulsory 
retirement'. Rule 60(a) is the substantive part of the Rule, 
which deals with the age of retirement and Rule 60(b) 
deals with a specified category of officers in the "last 
grade" which is an exception to the main provision. [Para 
9] [852-H; 853-A] 
1.2. Rule 60(a) prescribes 55 years as the age of 
retirement in respect of government servants. However, 
Government servant shall be permitted to continue 
beyond 55 years, with the sanction of the Government on 
public grounds which must be recorded in writing. In 
E 
F 
G 
H 
848 
SUPREME COURT REPORTS 
[2010] 6 S.C.R. 
A very special circumstances, a Government servant may 
be retained in service beyond 60 years of age. An 
exception has however been made in respect of a 
specified category of government servants under clause 
' b' of Rule 60. Clause 'b' of the Rule 60 provides that 
8 officers who were in the "last grade service" as on 
07 .04.1970 would retire on attaining the age of 60 years, 
provided they continued to be in "last grade service" as 
defined in Rule 12(16A). Therefore, in order to get benefit 
of Rule 60(b) two conditions have to be satisfied. The first 
C 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 pers

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