Beena vs Chief Secretary

Thottathil B. Radhakrishnan, J.—We have heard the learned counsel for the petitioner quite in extenso, and have bestowed our anxious consideration to the interpretation given by the Tribunal to clause 2(v) of the General Conditions attached to the Public Service Commission notification for recruitment to the category of Last Grade Servant in Thrissur District. The said clause dealt with reckoning of provisional service for age relaxation. It clearly encapsulates only those persons, who are in the service as employees of the Kerala Government, who would be eligible to such relaxation. Admittedly, the petitioner was working in the Kerala Headload Workers Welfare Board, which is a statutory board constituted under the relevant Act. Therefore, she cannot claim to be one governed by the provisions of the Kerala Public Services Act or that she is a member of such service to be called an employee of the Kerala Government for the purpose of the aforenoted clause, which authorizes relaxation of age to a particular group of persons. We do not find any legal infirmity or jurisdictional error in the approach of the Tribunal. Therefore, the Original Petition fails. In the result, this Original Petition is dismissed in limine.