IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 11TH MAY 2010 / 21ST VAISAKHA 1932 WP(C).No. 14566 of 2010(U) -------------------------- PETITIONER(S): --------------- A.G.RAMACHANDRA PANICKER, S/O. GOPALA PANICKER, AGED 58 YEARS, WORKING AS PEON, S.C.C.H.R.LIBRARY, TRAVANCORE DEVASWAM BOARD, PUTHENCHANTHA, THIRUVANANTHAPURAM. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWAM BOARD, NANTHANKODE, THIRUVANANTHAPURAM, REPRESENTED BY DEVASWOM COMMISSIONR. 2. THE DEVASWAM COMMISSIONER, TRAVANCORE DEVASWAM BOARD, NANDHANCODE, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.14566 OF 2010 -------------------------------------------- Dated this the 11th day of May, 2010 JUDGMENT The petitioner is working as a Peon in the S.C.C.H.R Library under the Travancore Devaswam Board. He has commenced his service as Sruthi on 6.10.1971. It is his physical condition that constrained him to approach the authorities with a request for category change. According to the petitioner, he was made to appear before the Medical Board and it was based on the recommendation of the Board that he was allowed the category change vide order ROC.16025/04/Est.dated 12.12.2008. The contention of the petitioner is that he is entitled to continue in the service of the Board up to the age of 60 years as Peon. The respondents are attempting to abruptly terminate the petitioner from its service on the ground that at the time of permitting the category change, the fact that the petitioner had, by then, crossed the age of 55 years was not taken into consideration. According to the respondents, the petitioner can continue in in its service up to the age of 60 years only as a temple employee and not as Peon. According to them, the age of superannuation of last grade W.P.(C) NO.14566/2010 2 employee including Peon, is 55 years. However, according to the petitioner, he is entitled to continue up to the age of 60 years as Peon by virtue of Rule 60(b) of Part I of Kerala Service Rules. It is his further contention that certain other persons under the Travancore Devaswam Board are being allowed to continue beyond the age of 55 years under similar circumstances in its last grade service. At any rate, according to him, no such condition was incorporated in the order dated 12.12.2008 while permitting the category change. Raising such claims and contentions, the petitioner has already filed objection against Ext.P1 show cause notice. Ext.P2 is the objection and it is still pending before the second respondent. 2. Considering the fact that the petitioner had crossed the age of 55 years on 12.12.2008, the date on which the category change was allowed and he has been continuing in service as Peon since then, he cannot be shown the door without affording him an opportunity of being heard. The learned counsel for the petitioner submits that Ext.P6 is also relevant in the context of the contentions raised by the petitioner. The petitioner will be at liberty to raise all available contentions before the W.P.(C) NO.14566/2010 3 second respondent at the time of consideration of Ext.P2. 3. In the circumstances, the Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P2 objection filed by the petitioner against Ext.P1, after affording him an opportunity of being heard, expeditiously. Considering the fact that the petitioner has been in service as Peon even after crossing the age of 55 years, he shall not be terminated from the said post till a decision is taken on Ext.P2. The decision taken on Ext.P2 shall be communicated to the petitioner forthwith. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.14566/2010 4 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT 3rd March, 2010 W.P.(C) NO.14566/2010 5