IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 8094 of 2011(J) ------------------------- PETITIONER(S): --------------- SMT.A.K.REETHA, U.D.CLERK, KERALA STATE DEVELOPMENT CORPORATION FOR CHRISTIAN CONVERTS FROM S.C. AND RECOMMENDED COMMUNITIES LTD., REGIONAL OFFICE, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SCHEDULED CASTE SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE MANAGING DIRECTOR, KERALA STATE DEVELOPMENT CORPORATION FOR CHRISTIAN CONVERTS FROM SCHEDULED CASTES AND RECOMMENDED COMMUNITIES LT.D, KOTTAYAM, NEAR RAILWAY STATION, NAGAMPADOM, KOTTAYAM, PIN-686 001. 3. THE JUNIOR SUPERINTENDENT, REGIONAL OFFICE, KSDC FOR CHRISTIAN CONVERTS FROM SCHEDULED CASTES AND RECOMMENED COMMUNITIES LTD., POST ERANHIPALAM, KOZHIKODE-673 001. ADV. SRI.M.P.MADHAVANKUTTY,SC,KSDC FOR CC&RC GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 8094 of 2011 ================== Dated this the 30th day of March, 2011 J U D G M E N T The petitioner is working as an Upper Division Clerk in the Kerala State Development Corporation for Christian Converts from Scheduled Castes and Recommended Communities Ltd. He is attaining the age of 55 years on 31.3.2011, which is the age of superannuation in the establishment. According to the petitioner, the Government has already decided to enhance the age of superannuation of the employees of the said establishment to 58 yeas, but the same could not be finalised in view of the declaration of elections to the Legislature and consequent imposition of code of conduct. The petitioner submits that, in the above circumstances, it is unjust to ask the petitioner to retire at the age of 55 yeas. The petitioner, therefore, submits that the petitioner may be permitted to continue beyond 55 years till the Government takes a final decision as to the question of raising the retirement age of the employees of the said establishment. The petitioner submits that the 2nd respondent has already issued Exts.P7 and P8 requests to the 1st respondent in the matter and, as evidenced by Ext.P6, the Government is also seized of the matter. The petitioner seeks a direction to the 2nd respondent to take a decision on Exts.P7 w.p.c.8094/11 2 and P8 expeditiously and a direction to the 2nd respondent to allow the petitioner to continue in service till the Government takes a final decision in the matter. 2. This is opposed by the learned counsel for the 2nd respondent with the help of a statement filed. According to him, no such decision has been taken and, therefore, the petitioner cannot be allowed to continue in service beyond 55 years of age. 3. I have considered the rival contentions in detail. 4. As evidenced by Ext.P6, the Government is considering the question of raising of retirement age of the employees of all public sector undertakings. In fact, the 2nd respondent, who now opposes the prayer of the petitioner, himself had issued Exts.P7 and P8 requests to the Government to raise the retirement age of the employees of the establishment to 58 years. In the above circumstances, this writ petition is disposed of with the following directions; The 1st respondent shall take a final decision on Exts.P7 and P8, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Till a decision is so taken, the petitioner shall be allowed to continue in service beyond 55 years of age, but without salary. If ultimately the Government decides to raise the retirement age, the petitioner shall be allowed to continue till 58 years and shall be paid salary for the entire period also. But if w.p.c.8094/11 3 the decision is the otherway, the petitioner will not be entitled to any service benefits for the period he worked including monetary benefits. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge