IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH APRIL 2009 / 10TH VAISAKHA 1931 WP(C).No. 13019 of 2009(V) ------------------------------------------ PETITIONER(S): ------------------------- M.S.RAMACHANDRA PANICKER,EXECUTIVE OFFICER,KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, KOTTAYAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD, KOTTAYAM,REPRESENTED BY THE GENERAL MANAGER. BY GOVERNMENT PLEADER MR. BENNY GERVACIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J ........................................... WP(C).NO. 13019 OF 2009 ............................................ DATED THIS THE 30TH DAY OF APRIL, 2009 JUDGMENT Heard Sri George Poonthottam, the learned counsel appearing for the petitioner. 2. The petitioner is presently working as Executive Officer in the Kottayam District Co-operative Bank Ltd. As per Rule 183(2) of the Kerala Co-operative Societies Rules, the petitioner, who has already attained the age of 58 years, will retire from service today. The petitioner submits that the Government have, by Ext.P1 order, taken a policy decision to permit government employees and teachers including teachers of aided schools, who attain the age of 55 years during the course of the financial year 2009 - 2010, to continue in service till 31.3.2010. The learned counsel appearing for the petitioner submits that Kottayam District Co-operative Bank where he is presently working, has resolved to request the Government to extend the said benefit to the employees of the said bank also. 3. In this writ petition, the petitioner prays for the following WP(C) 13019/2009 2 reliefs:- 1) Issue a writ in the nature of mandamus directing the Government to extend the same benefits that are given to the employees of the State Government to the employees who are working in the Co-operative societies as well. 2) Issue a writ declaring that the employees of the co-operative societies are also entitled to get the benefits covered through Ext.P1 and any exclusion of the benefits to the employees who are working in the co-operative societies, while extending the said benefits to employees in other organizations is discriminatory and violative of equal treatment as guaranteed in the Constitution. 3) Issue a writ declaring that the employees of the co-operative societies are also entitled to the same benefits as given to the employees of the State Government as per Ext.P1. 4) pass such other order or direction as this court may deem fit and proper in the interest of justice. 4. Rule 183(2) of the Kerala Co-operative Societies Rules reads as follows:- “(2) No employee shall be eligible to continue in the service of a WP(C) 13019/2009 3 society after the last day of the month in which he attains the age of 58 years”. 5. The rule mandates that no employee shall be eligible to continue in service after the last day of the month in which he attained the age of 58 years. The petitioner has admittedly attained the age of 58 years. Therefore in the teeth of the rule, he has necessarily to retire from service today. The petitioner is admittedly not a government employee. Nor is he an aided school teacher. Therefore the provisions of Rule 60 of Part I of the Kerala Service Rules or Ext.P1 government order cannot govern the petitioner's service conditions. As matters now stand, the petitioner's rights are governed by Rule 183(2) of Kerala Co- operative Societies Rules. The age of retirement of the petitioner is 58 years, whereas the age of retirement of government employees and aided school teachers is 55 years. Ext.P1 applies only to employees whose retirement age is 55 years. The petitioner's age of retirement is 58 years and in terms of Rule 183 (2), he has to retire from service today, viz, 30.4.2009. The WP(C) 13019/2009 4 petitioner cannot claim that he is similarly situated as government employees and aided school teachers. In my opinion, unless Rule 183(2)of the Kerala Co-operative Service Rules or the Kerala Service Rules is amended, the petitioner cannot seek continuance in service beyond 30.4.2009. The reliefs prayed for by the petitioner cannot therefore be granted. The writ petition fails and is accordingly dismissed in limine. Sd/- P.N.RAVINDRAN, JUDGE //True Copy// PA to Judge lgk