IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WA.No. 2300 of 2007 ------------------------ AGAINST THE JUDGEMENT IN WPC.9460/2007 Dated 18/07/2007 .................... APPELLANT/1ST RESPONDENT --------------------------------- KERALA FOREST DEVELOPMENT CORPORATION LTD., AARANYAKAM, KARAPUZHA, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/PETITIONERS & RESPONDENTS 2 TO 5 ------------------------------------------------------------- 1. K.G.SASIDHARAN PILLAI, DIVISIONAL MANAGER, KERALA FOREST DEVELOPMENT CORPORATION LTD., PUNALOOR DIVISION, KOLLAM. 2. T.MONY, MANAGER, KERALA FOREST DEVELOPMENT CORPORATION LTD., KARAPPUZHA, KOTTAYAM. 3. GANGADHARAN NAIR, ASST.MANAGER, GAVI DIVISION, KERALA FOREST DEVELOPMENT CORPORATION LTD., PATHANAMTHITTA DISTRICT. 4. K.K.USIF, ASSISTANT MANAGER, ACHANKOVIL, KERALA FOREST DEVELOPMENT CORPORATION LTD., PUNALOOR DIVISION, KOLLAM. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST AND WILD LIFE (D) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. WA NO.2300 O0F 2007 - 2 - 6. THE KERALA FOREST DEVELOPMENT CORPORATION LTD STAFF UNION (CITU),MELE THAMPANOOR THIRUVANANTHAPURAM,REP.BY ITS SECRETARY S.THILAKARAJAN,FIELD OFFICER,SUB UNIT II,KERALA FOREST DEVELOPMENT CORP.,KARAVOOR,PUNALUR DIV.,R/A KATTUVILA(V),THAZHAM,CHATHANOOR PO,KOLLAM-691572. 7. PETER D.FERNANDEZ, FIELD OFFICER, SUB UNIT II, KERALA FOREST DEVELOPMENT CORPORATION KARAVOOR, PUNALOOR DIVISION, RESIDING AT ZION, 55A, THANGASSERY P.O.,KOLLAM. 8. K.BABURAJAN, FIELD OFFICER, SUB UNIT I, KERALA FOREST DEVELOPMENT CORPORATION, PUNNALA, PUNALUR DIVISION, RESIDING AT PANKAJA BHAVAN, KUREEPUZHA, KOLKAM- 691604. ADV. SRI.DEEPU THANKAN FOR R1 TO 4 R5 BY GOVERNMENT PLEADER SRI.HANEL KUMAR SRI.B.SURESH KUMAR FOR R6 & 7 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/03/2011 ALONG WITH WA NO.2454/2007 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.R.Ramachandra Menon, J. ------------------------------------------ W.A. Nos.2454, 2478, 2480, 2509, 2291, 2292, 2293, 2294 & 2300 of 2007 ------------------------------------------ Dated this the 15th day of March, 2011 JUDGMENT Ramachandra Menon, J. The issue involved in all these writ appeals is whether the employees concerned are entitled to continue in service after attaining the age of 55 years. The writ petitions filed before this Court were entertained by the learned Single Judge and applying the law as laid down in the decision reported in Kavirajan v. K.C.B.C. Ltd. (2007 (2) KLT 917), benefits were ordered to be granted, enabling the writ petitioners to continue in service till they attained the age of 58 years; which forms the subject matter of challenge in these writ appeals. 2. Today, during the course of hearing, it is brought to the notice of this Court, that the Government has considered the matter and an order has been passed vide G.O.(MS) No.15/2011/Forest dated 01.03.2011; whereby the representation submitted before the Government by the Management Forum and Staff Union of the Kerala Forest Development Corporation has been W.A.No.2300 of 2007, etc. - 2 - considered and a decision has been taken; whereby the retirement age of the employees concerned has been enhanced from 55 to 58 years. A copy of the said order has been placed for consideration of this Court. In the said circumstances, nothing survives for consideration in these appeals. The position as above is recorded and the writ appeals are dismissed accordingly. J.Chelameswar, Chief Justice P.R.Ramachandra Menon, Judge vns