IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).No. 18539 of 2010(N) -------------------------- PETITIONER(S): --------------- V.RAMAKRISHNA PANICKER,(FORMERLY TUTOR (NADASWARAM),KSHETHRAKALAPEEDHAM,TRAVANCORE DEVASWOM BOARD, VAIKOM),'SRUTHIGEETHAM, MARUTHOROVATTOM PO,CHERTHALA,PIN 688 545. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY,OFFICE OF THE TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM, PIN 695 003. 2. MANAGER, KSHETHRAKALAPEEDHAM,TRAVANCORE DEVASWOM BOARD, VAIKOM, PIN 686 141. SC SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.18539 OF 2010 (N) -------------------------------------------------- Dated this the 29th day of June, 2010 J U D G M E N T Petitioner is a Tutor in Nadaswram in the Kshethrakalapeedham,Vaikom. He has attained 55 years and has been issued Ext.P6, stating that on attaining the age of 55 years, he will be superannuated from service. It is there upon that the writ petition is filed. 2. The main contention raised by the counsel for the petitioner is that another employee of the Kshethrakalapeedham, one Sri. RamanKutty, who has already attained 55 years is retained in service. Therefore, petitioner submits, he should also be given similar treatment. 3. Standing counsel for the respondent Board has obtained instructions in the matter. According to the Standing counsel, Sri. Ramankutty was directly recruited in the Kshethrakalapeedham as Tutor and that at the time of his retirement the condition of service prescribed that the age of superannuation will be on attaining 60 years. It is stated that, in so far as temple employees are concerned, WPC.No.18539 /2010 :2 : those who have joined service prior to 1.1.1972 will retire at 60 years and those joined subsequent to 1.1.1972, will retire at 55 years. It is stated that the petitioner entered service as a temple employee on 15.9.1975. According to him, although the petitioner was initially posted in the Kshethrakalapeedham as Tutor on deputation, which was later regularized, he is still governed by the age of retirement as applicable to the Temple Employees. It is stated that it was therefore that Ext.P5 order was issued stating that employees of the Kshethrakalapeedham will retire at the age of 55 years. It is also contended that all employees similar to petitioner have retired at 55 years. 4. This contention of the counsel for the Board is sought to be contradicted by the learned counsel for the petitioner. According to the counsel there is no rule enabling a discrimination between employees recruited in the Kshethrakalapeedham and employees initially recruited in the Temples and then absorbed in the Kshethrakalapeedham. 5. In my view, the age of retirement, is covered by Ext.P5. If so, he will retire at the age of 55 years. Even if the case of WPC.No.18539 /2010 :3 : discrimination canvassed by the petitioner is accepted that only leads to the situation that the age of retirement is 55 years for all employees and therefore the retention of Sri. Ramankutty beyond 55 years is illegal. Although in this writ petition, this court is not required to pronounce on that issue finally, even in such situation, an illegality cannot form the basis of a case for equality and for continuation beyond 55 years. On that basis also petitioner cannot claim to be retained in service beyond 55 years. Therefore I am not persuaded to interfere with the impugned action. 6. Yet another complaint of the petitioner is that he is not being paid wages. Petitioner is entitled to the wages so long as he is retained in service. Therefore respondent shall disburse the wages to the petitioner for the period he has discharged his duties. Such payment shall be made within 4 weeks. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.18539 /2010 :4 :