IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WA.No. 1204 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35457/2007 Dated 17/01/2008 .................... APPELLANTS: PETITIONERS: --------------------------------------------- 1. KERALA JUDICIAL MINISTERIAL GAZETTED OFFICERS ASSOCIATION, STATE COMMITTEE, ERNAKULAM, REPRESENTED BY ITS PRESIDENT. 2. V.P.DAS, SHERISTADAR, MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM. 3. K.SURENDRANATH, SHERISTADAR MOTOR ACCIDENT CLAIMS TRIBUNAL, TIRUR. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: RESPONDENTS ------------------------------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI. K. SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.1204 OF 2008 () ----------------------------------- Dated this the 25th day of June, 2008 J U D G M E N T KOSHY,J. Request of the petitioners is that retirement age of staff of the District Courts and other subordinate Judiciary should be enhanced from 55 to 58. The petitioners retirement age has nothing to do with the retirement age of the High Court staff on the basis of the High Court Service Rules. But it is contention of the petitioners that circumstances when 55 was taken as the superannuation age have completely changed. Now the longevity of the people in Kerala has increased considerably. It is actually a crime to ask a person to retire at the age of 55 when he is at prime of life with sufficient experience to do work properly. It is further argued that in the case of Central Government employees retirement age was enhanced to 60. In all the neighbouring States, retirement age has been increased to 58 or 60. Even in Kerala State, in several Public Service undertakings, age of superannuation was increased. When children's higher education, marriage and other financial burdens reach at its peak, asking him to W.A.1204/08 2 retire at the prime age of 55 will cause considerable difficulty. It is also stated that if the persons retire at the age of 58, the liability of the State for paying pension to a large number of people without doing any work will be reduced considerably. Thus, there will not be any financial burden to the Government but Government will get service of experienced employees. It is further contended that Pay Commission also has recommended the increase of retirement age. Even though there is substance in the argument forwarded by the petitioner, this Court has no jurisdiction to issue a writ of mandamus to Government to increase the retirement age of its employees as held by the Apex Court in Narinder Chand v. U.T. Himachal Pradesh (AIR 1971 SC 2399) and it is for the petitioner to approach the Government by filing a representation or otherwise to enhance the age of superannuation. With out prejudice to the above rights, this writ appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp W.A.1204/08 3 J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008