IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 2187 of 2009(I) ------------------------- PETITIONERS: --------------- 1. P.P.PRASANNA JOINT MANAGER (BUSINESS) KERALA STATE WAREHOUSING CORPORATION, HEAD OFFICE, KOCHI-16. 2. D.ADITHIKUTTY AMMA DEPUTY MANAGER, KERALA STATE WAREHOUSING CORPORATION, REGIONAL OFFICE, ALAPPUZHA NORTH PO ALAPPUZHA. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT: --------------- THE KERALA STATE WAREHOUSING CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR HEAD OFFICE, KOCHI, ERNAKULAM 682 016. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.2187 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T Petitioners are permanent employees of the Kerala State Warehousing Corporation. First petitioner is due to retire from service on 30.4.2009 and the 2nd petitioner is to retire from service on 31.5.2009 on attaining the age of 58 years. The dispute whether they are entitled to continue beyond the age of 55 years was decided in their favour by Exhibit P4 judgment which was accepted by the Corporation. Subsequently Government filed Appeal against the same along with other matters and now it is pending before the Full Bench of this Court. The complaint of the petitioner is that respondent is not sanctioning annual increments to the petitioners which have become due to them after attaining the 55 years of age till they attain 58 years of age. 2. Heard learned standing counsel for the Corporation. It is submitted that since the matter is pending before the Full Bench, the respondent is awaiting W.P ( C) No.2187 of 2009 2 the decision in the matter before proceeding further. 3. The question whether the petitioners are entitled to continue beyond the age of 55 years is yet to be decided by the Full Bench. But they have been working beyond the age of 55 years on the basis of Exhibit-P4 judgment. The respondent will sanction annual increments to the petitioners and disburse the same on the petitioners executing an undertaking to the effect that in the event of this Court holding that they are not entitled to continue in service beyond the age of 55 years that they will return the amount . 4. Therefore, the writ petition is disposed of directing the respondent to disburse the annual increments on such conditions as indicated above, within a period of one month from the date of receipt of a copy of this judgment and at any rate, before the retirement of the respective petitioners. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.2187 of 2009 3 W.P ( C) No.2187 of 2009 4