IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 22236 of 2005(V)
1. MORE THAN 50 PARTIES.
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. PRINCIPAL SECRETARY TO GOVERNMENT,
3. THE KERALA LAND DEVELOPMENT CORPORATION
For Petitioner :SRI.O.V.RADHAKRISHNAN (SR.)
For Respondent :SRI.P.N.MOHANAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/08/2007
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 22236 OF 2005
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Dated this the 22nd day of August, 2007
J U D G M E N T
This writ petition has been filed by the employees of
the 3rd respondent, seeking to quash Exhibits P8, P10 and
P12 and to declare that the rejection of approval by the first
respondent for enhancing the age of superannuation to be
illegal and arbitrary. Petitioners are also seeking
consequential reliefs.
2. On facts, it is seen that presently, the age of
superannuation of the employees of the Corporation is 55
years. Enhancement of the age of retirement from 55 to 60
was a long pending demand of the union, which was
ultimately placed before the Board of Directors of the 3rd
respondent for its consideration. In the meeting of the
Board of Directors held on 14/5/98, after considering the
various aspects of the matter, the Board resolved to raise
WPC 22236/05
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the age of retirement of the employees from the existing 55
years to 60 years subject to approval of the Government
and to make suitable amendment to the Service Rules. It
was taken up with the Government and the same was
rejected by Ext.P8. Although the corporation took up the
matter again with the Government, the Government
rejected the requests as per Exhibits P10 and P12. It is in
the aforesaid background, this writ petition has been filed by
the petitioners.
3. This Court had occasion to consider a similar case
in the case of Kavirajan v. KSBC Ltd (2007(2) KLT 917)
concerning the employees of Kerala State Beverages
Corporation Ltd. Considering the entire facts including the
enhancement of age of retirement granted in respect of
other Public Sector Undertakings of the Government of
Kerala, this Court held that the regular employees of the
Kerala State Beverages Corporation are entitled to continue
WPC 22236/05
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till the age of 58 as decided by the Board of Directors of the
corporation and the rejection of the request in this behalf by
the Government is violative of Article 14 of the Constitution
of India. The ratio of the said decision applies fully to the
facts of this case and applying the same, I quash Exhibits
P8, P10 and P12 and I hold that the regular employees of
the 3rd respondent will be entitled to continue in service till
60 years as resolved by the Board of Directors in their
meeting held on 14/5/98.
4. In this case an interim order was passed on
30/11/05 that the retirement of the petitioners 2 to 83 will
be subject to the result of the writ petition. In view of the
said order, it is directed that if any one of the petitioners
have retired after the filing of this writ petition, they shall be
reinducted and allowed to continue till they attain the age of
60 years. It is also clarified that the benefit of this
judgment will apply to all employees of the 3rd respondent,
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who are in service as on today, but the limited
retrospectivity given, will apply only to the writ petitioners
in this case. It is also clarified that in the case of persons
who may be reinstated pursuant to this judgment and
those retired and attained 60 years, will not be entitled to
get salary for the period they were out of service and have
not actually worked.
With the above observations, the writ petition is
disposed of.
ANTONY DOMINIC, JUDGE.
Rp