High Court Kerala High Court

P.P. Prasanna vs Kerala State Warehousing … on 22 May, 2009

Kerala High Court
P.P. Prasanna vs Kerala State Warehousing … on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12917 of 2009(H)


1. P.P. PRASANNA, W/O. O. RAVEENDRAN,
                      ...  Petitioner

                        Vs



1. KERALA STATE WAREHOUSING CORPORATION,
                       ...       Respondent

2. STATE OF KERALA, REP. BY ITS

                For Petitioner  :SRI.MILLU DANDAPANI

                For Respondent  :SRI.MAJNU KOMATH, SC, K.S.W.C.

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :22/05/2009

 O R D E R
                       T.R. Ramachandran Nair, J.
                    - - - - - - - - - - - - - - - - - - - - - - - -
                       W.P.(C) No.12917 of 2009-H
                    - - - - -- - - - - - - - - - - - - - - - - - - - -
                 Dated this the 22nd day of May, 2009.

                                  JUDGMENT

The petitioner has been working as Joint Manager in the Kerala State

Warehousing Corporation. She has attained the age of superannuation on

30.4.2009. The main relief sought for in the writ petition is for a direction

to the first respondent to permit the petitioner to continue in service till

31.3.2010. The claim for enhancement of the retirement age, according to

the petitioner, is supported by Ext.P1 Govt. Order.

2. Heard learned Standing Counsel appearing for the first respondent

Corporation and the learned Govt. Pleader for the State of Kerala. It is

pointed out by the respondents that age of superannuation of the personnel

working in the Warehousing Corporation is 58 and the Govt. Order

regarding extension of the period of retirement will apply only in a case

where the retirement age is 55. The Government as per G.O.(P)

No.158/2009/Fin. dated 30.4.2009 has made the position clear. Even though

the extended period of service of Government employees and teachers have

been made applicable to employees of public sector undertakings,

autonomous bodies, Universities, etc., it is clear from the Government Order

wpc 12917/2009 2

that the extension sought for is only respect of Government employees and

teachers and others who attain the age of 55 years during the course of the

financial year and therefore cases like the present one wherein the

retirement age is 58, is not governed by various other Government Orders.

Apart from the above, the writ petitioner has not claimed any other

independent right to have extension of the retirement age from 58, till the

end of the financial year.

Therefore, the writ petition fails and the same is dismissed. No costs.

(T.R. Ramachandran Nair, Judge.)

kav/