IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14745 of 2009(K)
1. MOHANAN M, WATCHER (SLR),
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. THE SECRETARY TO GOVERNMENT,
4. THE CHIEF ENGINEER, IRRIGATION
5. THE EXECUTIVE ENGINEER, MINOR
6. THE ASSISTANT ENGINEER, MINOR
For Petitioner :SRI.H.B.SHENOY
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :29/05/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.14745 of 2009
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Dated 29th May, 2009
JUDGMENT
The petitioner is an SLR worker. The age of retirement of
SLR workers is 58 years as stipulated in G.O.(Ms.)No.46/90/PW&T
dated 18.5.1990. As per the stipulations therein SLR workers retire
from service at the end of the month in which they attain the age of 58
years. The date of birth of the petititoner is 1.6.1951. He will
therefore retire from service on 31.5.2009 on attaining the age of 58
years. Recently by Ext.P1 order the Government directed that
Government employees and teachers including aided school teachers
who attain the age of superannuation during the course of the financial
year will retire only at the end of the financial year. This writ petition
is filed claiming the benefit of the said Government order. The
petitioner submits that claiming that benefit he has already moved the
Government by filing Ext.P2 representation. In this writ petition, the
petitioner seeks the intervention of this Court to enable him to
continue in service till 31.3.2010.
2. The service conditions of the petitioner are governed by
G.O.(MS)No.46/90/PW&T dated 18.5.1990. The provisions of rule 60
(a) of Part I of the Kerala Service Rules do not govern the petitioner’s
WP(C).No.14745/2009 2
service conditions. Therefore, any amendment to Rule 60(a) of Part I
of the Kerala Service Rules or executive orders supplementing the
stipulations therein cannot govern the petitioner. By Ext.P1, the
Government have postponed the retirement of Government servants
and teachers including aided school teachers whose date of birth falls
after 31st March till the end of the financial year. The Government
have thereafter issued G.O.(P)No.158/09/Fin. dated 30.4.2009
extending the benefit of Ext.P1 to the Kerala State Electricity Board
and many other public sector undertakings where the age of retiremen
is 55 years with a specific condition that it will apply only to
institutions/organisations where the retirement age is 55 years.
Therefore, the policy of the Government is to extend the benefit of
Ext.P1 only to employees whose age of retirement is 55 years. The
petitioner who does not fall within the said category of emplyees, is
not entitled to claim the benefit of Ext.P1. Further, as noticed earlier,
the service conditions of the petitioner are not governed by Rule 60(a)
of Part I of the Kerala Service Rules. I am therefore of the considered
opinion that the claim made by the petitioner cannot be entertained.
The writ petition fails and is accordingly dismissed.
P.N.RAVINDRAN
Judge
TKS