IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 18716 of 2011(L) -------------------------- PETITIONER: --------------- K.G.THULASI, AGED 58, D/O.LATE GOVINDAN, KUMPURATH (HO), POONITHURA, KOCHI-682 038. BY ADV. MS.BINDU SREEKUMAR RESPONDENTS: --------------- 1. MANAGING DIRECTOR, KERALA STATE WARE HOUSING CORPORATION, HEAD OFFICE, ERNAKULAM. 682 038. 2. MANAGER (PERSONEL), KERALA STATE WARE HOUSING CORPORATION, HEAD OFFICE, ERNAKULAM. 682 038. ADV. MR.MAJNU KOMATH, SC, K.S.W.C. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18716 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: APPROVAL OF APPOINTMENT ORDER DATED 15.3.2007. EXT.P2: REPRESENTATION DATED 23.9.2010. EXT.P3: CIRCULAR DATED 16.6.2011. EXT.P4: NOTIFICATION DATED 9.6.1981. RESPONDENTS' EXHIBITS: EXT.R1: REPLY NOTICE NO.KSWC/Est/PF/KGT/2010-11 DTD. 01.11.2010. ....... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.18716 Of 2011 ---------------------- Dated this the 19th day of July, 2011. J U D G M E N T The writ petition is filed seeking a direction directing the respondent to consider Ext.P2 representation, to implement Ext.P4 in the Kerala State Warehousing Corporation and for other consequential reliefs. The petitioner is working as a Part Time Sweeper in the Kerala State Warehousing Corporation. She is due to retire from service on 31.7.2011. Placing reliance on G.O. (P).No.190/81/GAD dated 9.6.1981 (SRO.No.799/81) the petitioner contend that she is entitled to continue in the service till the age of 70 and therefore submitted a representation before the first respondent to extend her service up to the age of 70. 2. The respondents contended that Ext.P4 Government notification is not applicable to the employees of the Kerala State Warehousing Corporation and that the services of the employees of the Kerala State Warehousing Corporation is governed by the Kerala State Warehousing Corporation Staff Regulation 1963 and Rules framed thereunder. In Ext.P1 appointment order of the ::2:: W.P.(C).No.18716 Of 2011 petitioner itself it is stated that her service will be governed by the Kerala State Warehousing Corporation Staff Regulation 1963 and Rules framed thereunder from time to time. As per the staff Regulation, the retirement age in the Corporation is 55 years. Subsequently, retirement age was enhanced to 58 years and therefore the petitioner can continue in service till the age of 58 and hence the petitioner is due to retire on 31.7.2011. In the statement it is also stated that Ext.P2 representation was disposed of informing the petitioner that since the Government has not approved the age of the Part Time Sweepers as 70 years, her representation could not be considered. Ext.R1 is the reply. Since Ext.P4 Government notification is not applicable to the employees of the Corporation, the petitioner is not entitled to continue as Part Time Sweeper after 58 years. It is further stated that the Corporation had made a proposal to enhance the retirement age of the Part Time Sweepers to 70 years as in Government services, but, the Government has not accorded sanction and therefore the petitioner is due to retire on 31.7.2011. It is also pointed out that any amendment to the ::3:: W.P.(C).No.18716 Of 2011 regulation of the Corporation requires prior sanction of the Government and that the Government has not accorded sanction to the Corporation to implement Ext.P4 Government notification. As there are no provisions in the Rules in the regulation for continuation of service up to the age of 70, the petitioner is not entitled to any relief in the writ petition. The writ petition is without any merit and therefore, dismissed. HARUN-UL-RASHID, Judge. bkn/-