IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10167 of 2009(M) ---------------------------------------- PETITIONER(S): ---------------------- 1. N.SOMAKUMARAN ,S/O. LATE NEELAKANTA PILLAI, AGED 58 YEARS, EMPLOYED AS GODOWN KEEPER STATE WAREHOUSING CORPORATION,CHOONDY, ALUVA, RESIDING AT GEETHANJALI, MARAVANTHURUTHU PO VAIKKOM. 2. M.S.JAYASANKER, S/O.LATE SANKARA PILLAI AGED 58 YEARS, EMPLOYED AS GODOWN KEEPER STATE WAREHOUSING CORPORATION, EROOR, RESIDING AT PERINGELICHURAYIL HOUSE, KULASEKARAMANGALAM PO, VAIKOM. BY ADVS. MR.P.A.AZIZ MR.I.G.MANOHARAN MR.N.N.PANKAJAKSHAN RESPONDENT(S): -------------------------- KERALA STATE WAREHOUSING CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HEAD OFFICE, ERNAKULAM 682 016. ADV. MR.MAJNU KOMATH, SC, K.S.W.C. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 10167 of 2009 --------------------------------------------------- Dated this the 30th day of March, 2009 JUDGMENT The petitioners are employees under the Kerala State Warehousing Corporation who are retiring from service on 31.03.2009. The first petitioner is now working as Godown Keeper in Warehousing Corporation, Godown, Choondy, Aluva and the second petitioner is now working as Godown Keeper, State Warehousing Corporation, Eroor. 2. Regarding the retirement age of the employees under the Corporation, the Board of Directors of the Corporation have resolved to enhance the retirement age to 58 years from 55 years in its meeting held on 15.03.2006. The matter was under several litigations before this Court and by Ext.P4, the writ petitions were allowed. The Corporation accepted the judgment and the Government challenged it by filing Writ Appeal. The dispute whether the employees are entitled to continue beyond the age of 55 years is now pending before a Full Bench. But they have been working beyond the age of 55 years on the basis of Ext.P4 judgment. The claim is for payment of benefits accordingly. The wpc:10167/2009 2 respondent will sanction annual increments and other benefits to the petitioners and disburse the same on them executing an undertaking to the effect that in the event of this Court holding the view that they are not entitled to continue in service beyond the age of 55 years, they will return the amount. The retirement benefits will be quantified and disbursed accordingly. Therefore, the Writ Petition is disposed of directing the respondent to disburse the due benefits on such conditions as indicated above, within a period of one month from the date of receipt of a copy of this judgment and at any rate, before the retirement of the respective petitioners. T.R.RAMACHANDRAN NAIR, JUDGE bps