IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13951 of 2009(L) ------------------------------- PETITIONER: -------------- V.GAYATHRI, AGED 58 YEARS, EMPLOYED AS SENIOR ASST.MANAGER, KERALA STATE WAREHOUSING CORPORATION, CENTRAL ZONAL OFFICE TRIPUNITHURA. BY MR.P.A.AZIZ, ADVOCATE. MR.I.G.MANOHARAN, ADVOCATE. MR.N.N.PANKAJAKSHAN, ADVOCATE. RESPONDENT: ---------------- THE KERALA STATE WAREHOUSING CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, ERNAKULAM- 682 016. BY MR.MAJNU KOMATH, SC, K.S.W.C. FOR R1. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13951 OF 2009 --------------------------------------- Dated this the 23rd day of May, 2009. J U D G M E N T The petitioner is presently working as Senior Assistant Manager under the respondent-Corporation. He is due to retire from service on 31.05.2009. The age of retirement of the employees of the respondent-Corporation initially was 55 years. There was a decision by the Board of Directors to enhance the retirement age to 58 years as in similar Warehousing Corporations. Accordingly, the petitioner is continuing in service after attaining 55 years of age. 2. With regard to the retirement age of the employees of the Corporation, this Court had occasion to adjudicate the same and by Exhibit P4, the issue was found in favour of the employees. The Corporation accepted the judgment and the Government has challenged it by filing Writ Appeal. Now the matter is pending before a Full Bench. But the employees have been working beyond the age of 55 years on the basis of the decision of learned Single Judge. W.P.(C) No.13951/09 2 3. It is pointed out that the petitioner has not been disbursed due benefits towards increments or earned leave/ half pay leave after attaining the age of 55 years. It is submitted that there is no justification for denial of the same as the petitioner had been continuing in service. 4. Heard the learned standing counsel for the Corporation also. The very same issue was considered in an earlier writ petition which was disposed of by Exhibit P7 judgment wherein I had directed that the annual increments and other benefits may be disbursed to the petitioners therein 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. A similar direction can therefore be issued in this writ petition also. 5. Apart from that the petitioner has got a claim for due promotion as Deputy Manager and Regional/Joint Manager. Exhibit P9 is the representation said to have been filed before the Corporation. Learned counsel for the petitioner prayed that there may be a direction to take a decision on Exhibit P9 by the Corporation. W.P.(C) No.13951/09 3 Therefore, this writ petition is disposed of directing the respondent-Corporation to disburse the due benefits on such conditions as indicated above within a period of two months from the date of receipt of a copy of this judgment. The Corporation also will consider the request made by the petitioner in Exhibit P9 and appropriate decision will be taken and communicated to the petitioner. T.R. RAMACHANDRAN NAIR JUDGE smp