IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11245 of 2010(E) -------------------------- PETITIONER(S): --------------- JOSEPH MATHEW, CLERK, ST.TERESAS TEACHERS TRAINING INSTITUTE, VAZHAPPALLY, (KANIKAD HOUSE, NADUMBHGOM, CHAMPAKULAM P.O., ALAPPUZHA DISTRICT). BY ADV. SRI.T.A.SHAJI SMT.MALU JOHN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE (RULES) DEPARTMENT, THIRUVANANTHAPURAM 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 11245 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2010 J U D G M E N T The petitioner is working as a Clerk in St.Teresas, Teachers Training Institute, which is an aided Training Institute governed by the provisions of the Kerala State Subordinate Services Rules and such other service Rules governing the Government employees. Admittedly, in the matter of superannuation, Rule 60(a), Part I of KSR is applicable to the petitioner and accordingly, he is due to retire from service on 31.3.2010. This Writ Petition has been filed mainly with the following prayers: i. issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to enhance the retirement age of the State Government employees as well as the teaching and non teaching staff of aided schools from 55 to 58; ii.declare that Rule 60(a) of Part I KSR is arbitrary and unconstitutional to the extent it restrict the age of retirement of state government employees to 55 and strike it down to that extent; iii.issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to allow the petitioner to continue in service till he attains the age of 58. WPC.11245 of 2010 : 2 : 2. Essentially, the grievance of the petitioner is for enhancement of the age of retirement of the State Government employees as also the teachers and non-teachers staff of aided schools from 55 to 58. There is also the challenge against Rule 60(a) of Part I of the KSR. 3. Admittedly, the case of the petitioner is squarely covered against him in view of a Division Bench judgment of this court in W.A. No.2365/07. In the light of Rule 60(a) Part I of KSR the petitioner has to retire on 31.3.2010. In view of the aforesaid provision and also the Division Bench decision in W.A. No. 2365/07 the relief sought for in the writ petition cannot be granted. There is no merit in this writ petition and accordingly, it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P. A to Judge