IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 35392 of 2010(Y) -------------------------- PETITIONER(S): --------------- NIRMALA K.K., W/O. C.SAHADEVAN, WORKING AS ASSISTANT, BEKAL RESORTS DEVELOPMENT CORPORATION LTD., PALAKUNNU, KASARAGOD. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, BAKEL RESORTS DEVELOPMENT CORPORATION LTD., P.O.KAUDIAR, THIRUVANANTHAPURAM-695 003. 2. THE CHAIRMAN, (CHIEF SECRETARY TO GOVT. OF KERALA), BAKEL RESORTS DEVELOPMENT CORPORATION LTD., P.O.KOWDIAR, THIRUVANANTHAPURAM-695 003. 3. STATE OF KERALA, REP. BY ITS SECRETARY, TOURISM DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. THE MANAGING DIRECTOR, BAKEL RESORTS DEVELOPMENT CORPORATION LTD., KVS HYPER MARKET BUILDING, P.O. BAKEL, PALAKUNNU, KASARAGOD-673 318. ADDRESS OF R1 CORRECTED AS PER ORDER DT. 30.11.2010 IN I.A.NO. 16673/2010. ADV. SRI.K.JAJU BABU FOR R1 SRI.T.S.SHYAM PRASANTH FOR R1 GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 35392 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th day of December, 2010. J U D G M E N T The petitioner seeks the following directions in this writ petition: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to place Ext. P4 before the next meeting of Board of Directors for permitting the petitioner or to enhance the age of retirement to 58 years in order to make eligible for the full pension benefit as provided under the EPF Scheme; ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to take an immediate decision, similar to Ext. P3 by enhancing the retirement age to 58 years by making necessary amendments to the Staff Service Rule of Baket Resorts Development Corporation Ltd., in the next meeting of Board of Directors under the 2nd respondent. iii) to declare that the petitioner is also eligible and entitled to get extension of her retirement age as up to 58 years as provided to the retired employees under the 1st respondent as done earlier; iv) Issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to grant extension of service of the petitioner till she attain 58 years.” The petitioner has already retired from service. Therefore the petitioner now confines her prayer for the first relief. 2. I have heard the learned counsel for the 1st respondent also. According to counsel for the respondents, there is no scope for passing further orders in the matter since the action taken by the respondents is in accordance with the rules prevailing now. I am of opinion that despite the contention taken by the 1st respondent, it is only appropriate that the 1st respondent places Ext. P4 before the next meeting of the Board of Directors, which is the proper authority to take a decision in the matter, so that the Board of Directors can take a decision on Ext. P4. W.P.C. No. 35392/2010 -: 2 :- Accordingly, this writ petition writ petition is disposed of with a direction to the 1st respondent to place Ext. P4 before the next meeting of the Board of Directors of the Corporation , who shall take a decision and communicate the same to the petitioner within a period of one month after the next Board Meeting. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.