IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 28425 of 2009(W) -------------------------- PETITIONER(S): --------------- V.RAJENDRAN, PEON, COMMAND AREA DEVELOPMENT AUTHORITY OF KERALA, (CADA) DIVISION, CHUNNAMBUTHARA, C.N.C.COMPOUND, VADAKKANTHARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADMINISTRATOR, CADA PROJECT HEAD QUARTERS, CHEMBUKAVU, THRISSUR. 3. THE EXECUTIVE ENGINEER, CADA DIVISION, PALAKKAD. MS.ANU SIVARAMAN, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.28425 of 2009 -------------------------- Dated, this the 2nd day of November, 2009 ------------------------------ J U D G M E N T The petitioner is a Peon working under the 2nd respondent on provisional basis. According to the petitioner, pursuant to the directions of this Court in WP(C) No.17915/2006, Ext.P1 order dated 02/04/2007 was issued by the 1st respondent directing that the provisional employees mentioned therein, who were appointed during 1981-83 and are continuing in service, are permitted to continue in service till they attain the age of 55 years, purely on provisional basis, without regularising their services. 2. It is stated that subsequently, the Government issued Ext.P2 order dated 24/04/2009 unifying the date of retirement, and it is the case of the petitioner that since Ext.P2 or Rule 60 of Part-I KSR do not make any distinction between the regular and provisional employees, he is entitled to continue in service till 31/03/2010, though he is attaining 55 years on 31/12/2009. 3. The stand of the respondents is that employees like the WP(C) No.28425/2009 -2- petitioner are not eligible for the benefit of Ext.P2, and if at all, it is only for the governing body of the Authority, where they are working, to decide on the matter. 4. Having gone though Ext.P1 order, what is noticed is that it only provides that the petitioner will be allowed to continue till he attains 55 years, on a provisional basis. Therefore, going by the terms of the order, the petitioner will have to go out of service on attaining the age of 55 years. Therefore, the terms of Ext.P1 order do not confer the privileges that a regular employee get in terms of Ext.P2. Be that as it may, it is for the governing body of the Command Area Development Authority, where the petitioner is employed, to decide on the matter. Leaving it open to the petitioner to pursue the matter before his employer, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg