IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 36144 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. T.R.RAJAN, THEKKEVELUTHEDATH HOUSE PO.PANTHEERANKAVU, MANAKKADAVU CALCIUT-673019. 2. M.K.ANANDAVALLY, THAPPALLYPADM. SREELAKSHMI PO., GURUVAYURAPPAN, COLLEGE-673014. 3. M.K.SUKUMARAN, MAILAM, KAVALAYIL HOUSE PO.PAYIMBRA KUNNAMANGALAM VIA., CALICUT. 4. P.M.AMINABEE, EAST COTTAPARAMBU, VATTAKINAR PO., CHALAPPURAM, CALICUT-673002. 5. A.JAYANANDAN, ALAKKOTTU HOUSE,PO., CHELL ANNUR, CALICUT-673616. 6. T.K.SULOJANA, KORANIVAUALIL, PO.EDAKKADU , CALICUT. 7. I.DEVI, AMAYADATH VEEDU PO., THALAKKULATHUR, CALICUT. 8. O.RADHAKRISHNAN, MANAKKATTU HOUSE PO.ERANNIKKAL, MOKAVUR,CALICUT-673303. 9. K.P.NEELAKANDAN NAMBOODIRI, PALAMCHERI ILLAM, PO.PERUMANNA, PANTHEERANKAVU, CALICUT-673019. 10. K.P.SADANANDAN, KUNDATHUMPARAMBATH HOUSE, MUTTANCHERI PO., NARIKKUNNI VIA., CALICUT. 11. V.GANGADEVI,VARIPPARAMBIL VEEDU, CHALIKKARA, PO., CIVIL STATION, CALICUT 12. C.SHYLAJA, CHEMBAKKOTTU VEEDU KAITHAKHANIYIL VAYAL B.G.ROAD PO.WEST HILL, CALICUT. 13. P.VALSALA, POONADATH VEEDU, NARATHUMKANDY THAZHAM PO., ERANHIPPALAM, CALICUT. 14. P.RAJAN, PARADISE HOUSE,PO.MAVOOR, PERIKKAKODE, CALICUT. 15. A.P.ABDU RAHIMAN,ADAKKOREPPOTTAMAL HOUSE, PO.KOTTAMPARAMBA, CALICUT-673008. 16. KELUKKUTTY.A.C., ARECHOLAYIL HOUSE PATHIMANGALAM, KUNNAMANGALAM PO CALICUT. 17. K.PRAKASAN, KOLLADATH VEEDU PO.PARAMBIL, CALICUT-673 012. 18. P.P.LATHA, PANDINHARY VEETTIL, DEEPA NIVAS PO., OLAVANNA, CALICUT. 19. ARAVINDAKSHA KURUP.K., MARAKKATTUPURATH VEEDU PO., NELLIKODE, CALICUT-673 016. 20. S.RADHA, KOTTECHALIL VEEDU PO., PAIMBRA, KUNNAMANGALAM, CALICUT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY SECRETARY HEALTH DEPARTMENT, GOVT. OF KERALA, SECRETARY, THIRUVANANTHAPURAM. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36144 of 2008-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2009. JUDGMENT The apparent grievance raised by the petitioners is that the retirement age fixed now as 55 years, requires to be modified as 60 years. The petitioners are employees of the Health Department. According to them, as per Exts.P1 to P3 seeking for enhancement of the retirement age, they approached the Government. 2. The point raised by the petitioners is covered by the decisions of this court and of the Apex Court. In Kerala Gazetted Officers Front and others v. State of Kerala (1987 (1) KLT 336), Sivaraman Nair, J. elaborately considered the position relating to Rule 60(a) of Part I K.S.R. and it was held that it is entirely a policy decision to be taken by the Executive. It was also held that merely because of the fact that for different services, different ages of retirement should have been prescribed is no reason why such fixation of the age of superannuation in the case of Government employees as 55 years, shall be held to be unreasonable or arbitrary. In para 9 it was held thus: “It is evident that it has not been held so far that fixation of 55 years 2 as the age of superannuation for Government employees is unreasonable and arbitrary in any of the decisions. ......... How far the complex problem of unemployment could be tackled effectively and what other methods can be adopted to do better are all matters of policy and expediency for the State Government.............. Choice out of such reasonable policy alternative is not for the Courts, it is for the executive.” I respectfully follow the above dictum laid down by this court. Therefore, the writ petition fails. It is accordingly dismissed. (T.R. Ramachandran Nair, Judge.) kav/