IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14745 of 2009(K) --------------------------------------- PETITIONER: ------------------- MOHANAN .M, WATCHER (SLR), OFFICE OF THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, PAMPAKUDA, ERNAKULAM DISTRICT. BY ADVS. MR.H.B.SHENOY, MR.B.ASHOK SHENOY, MR.THOMAS P.MAKIL, SMT.LAKSHMI B.SHENOY, MR.ABU MATHEW, MR.SOBHAN GEORGE, MR.ROY THOMAS (MUVATTUPUZHA). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, FINANCE (RULES) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, WATER RESORUCES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. W.P.(C). NO.14745/2009-K: 5. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, CIVIL STATION, KAKKANAD, ERNAKULAM- 682 030. 6. THE ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, PAMPAKUDA, ERNAKULAM DISTRICT. R1 TO R6 BY SR. GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14745 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT The petitioner is an SLR worker. The age of retirement of SLR workers is 58 years as stipulated in G.O.(Ms.)No.46/90/PW&T dated 18.5.1990. As per the stipulations therein SLR workers retire from service at the end of the month in which they attain the age of 58 years. The date of birth of the petititoner is 1.6.1951. He will therefore retire from service on 31.5.2009 on attaining the age of 58 years. Recently by Ext.P1 order the Government directed that Government employees and teachers including aided school teachers who attain the age of superannuation during the course of the financial year will retire only at the end of the financial year. This writ petition is filed claiming the benefit of the said Government order. The petitioner submits that claiming that benefit he has already moved the Government by filing Ext.P2 representation. In this writ petition, the petitioner seeks the intervention of this Court to enable him to continue in service till 31.3.2010. 2. The service conditions of the petitioner are governed by G.O.(MS)No.46/90/PW&T dated 18.5.1990. The provisions of rule 60 (a) of Part I of the Kerala Service Rules do not govern the petitioner's WP(C).No.14745/2009 2 service conditions. Therefore, any amendment to Rule 60(a) of Part I of the Kerala Service Rules or executive orders supplementing the stipulations therein cannot govern the petitioner. By Ext.P1, the Government have postponed the retirement of Government servants and teachers including aided school teachers whose date of birth falls after 31st March till the end of the financial year. The Government have thereafter issued G.O.(P)No.158/09/Fin. dated 30.4.2009 extending the benefit of Ext.P1 to the Kerala State Electricity Board and many other public sector undertakings where the age of retiremen is 55 years with a specific condition that it will apply only to institutions/organisations where the retirement age is 55 years. Therefore, the policy of the Government is to extend the benefit of Ext.P1 only to employees whose age of retirement is 55 years. The petitioner who does not fall within the said category of emplyees, is not entitled to claim the benefit of Ext.P1. Further, as noticed earlier, the service conditions of the petitioner are not governed by Rule 60(a) of Part I of the Kerala Service Rules. I am therefore of the considered opinion that the claim made by the petitioner cannot be entertained. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS