IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WA.No.815 of 2008 ( ) --------------------------- AGAINST THE JUDGMENT IN WPC.33186/2007 Dated 04/01/2008 .................... APPELLANT/WRIT PETITIONER IN WPC.33186/2007 -------------------------------------------------------------- P.DAMODARAN,(RETD.SENIOR GRADE LIBRARY ASSISTANT), S/O.V.M.RAMAN NAIR, AGED 55 YEARS, RANDAMKANDATHIL HOUSE, EAST KADUNGALLOOR, U.C.C. P.O., ALUVA. BY ADV. SMT.PINKU H.THALIATH RESPONDENTS: RESPONDENTS IN WPC.33186/2007 -------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE HIGH COURT OF KERALA, REPRESENTED BY THE REGISTRAR GENERAL, HIGH COURT, COCHIN - 31. 3. THE HON'BLE CHIEF JUSTICE, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL SR. GOVT. PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/08/2008 ALONG WITH WRIT APPEAL NOS.845, 846, 861, 862, 863, 864, 865 & 1019 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ Writ Appeal Nos.815, 845, 846, 861, 862, 863, 864, 865 & 1019 of 2008 ------------------------------------------------ Dated this the 8th day of August, 2008 JUDGMENT J. B. Koshy, J As per Ext.P1 Amendment of the High Court Service Rules, with effect from 01/01/2007 the age of superannuation of High Court employees was raised from 55 years to 58 years. Earlier the age of the Kerala Government employees and the High Court employees were the same. The amendment of Service Rules enhancing the age of superannuation as 58 was upheld by the learned Single Judge vide Ext.P3 judgment. That judgment is delivered without prejudice to the rights of the Government in framing law. Thereafter, Ext.P6 ordinance was issued with retrospective effect. It was argued that W. A. Nos.815/08 and con. Cases -2- the power of the Chief Justice is vested under Article 229(2) of the Constitution of India in framing rules so as to interfere with the administrative control by increasing the age of superannuation. The learned Single Judge found that the power of the Chief Justice to frame rules under Article 229 of the Constitution of India is subject to the laws made by the Government. Whether it is on the power enshrined under Article 229(1) or 229 (2), the above rule making power is subject to the laws. With regard to the arbitrariness of the laws made, the learned Single Judge has considered the matter in detail repelling all the contentions of the appellants/petitioners. It is submitted that the above ordinance was re-notified and there is an ordinance in W. A. Nos.815/08 and con. Cases -3- force. It is true that after passing of Ext.P6 ordinance there was an assembly session. It is not appropriate for the Government to re- promulgate the ordinance repeatedly without introducing the bill in the assembly session. The learned Government Pleader submits that it will be passed in the next assembly session. In any event, there is a valid ordinance now. We see no ground to differ from the finding of the learned Single Judge. Since we are agreeing with the findings of the learned Single Judge on each and every aspects, we are not reiterating the same. Hence, considering the increase in life expectancy, increase in the retirement age of the Central Government Employees (60) and considering the retirement age of the employees in many of the High W. A. Nos.815/08 and con. Cases -4- Courts, it is a case to be considered by the Government while re-notifying the ordinance again. But in the face of valid law, this Court cannot take a different view than that taken by the learned Single Judge. Appeals fail and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-