IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WA.No. 1108 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.13391/2009 Dated 23/05/2009 .................... APPELLANT(S): PETITIONERS ------------------------- 1. SASEENDRAN, AGED 58, S/O.KUNHIRAMAN, 'SASIRAM', KIRTHANATH PARAMBA, MAYANADU P.O. 2. RAVEENDRA HASAN, AGED 58, S/O.KELAPPAN, MANGALASSERRY PARAMBA, PATTIYAM, OTTACHINAKKAL, PATHAYAKUNNU P.O. 3. ITTOOP, S/O.VARKEY, VARGHESE, KALLARAKANDY HOUSE, MARUTHU ROAD, IRINGOLE P.O., PERUMBAVOOR. BY ADVS. SRI.NAIR AJAY KRISHNAN SRI.R.T.PRADEEP RESPONDENT(S): RESPONDENTS -------------------------- 1. SECRETARY TO GOVERNMENT, SCIENCE, TECHNOLOGY AND ENVIRONMENT DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. CENTRE FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT, KUNNAMANGALAM P.O., KOZHIKODE.673 571, REPRESENTED BY ITS REGISTRAR. BY // THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1108 OF 2009 --------------------------------------------- Dated this the 29th day of May, 2009 JUDGMENT Balakrishnan Nair, J. The appellants are the writ petitioners. They are working under the second respondent. As per the relevant rules, their age of retirement is 58 years. They have to retire on the last date of the month in which they attain the age of 58. But, relying on Ext.P4, they say that the employees who are in service as on the date of Ext.P4 dated 6.12.1987 are entitled to continue in service till they attain the age of 60. Since, the second respondent maintains the view that the writ petitioners have to retire on attaining the age of 58, they filed the Writ Petition. The learned Single Judge considering Ext.P4, relying on which the writ petitioners advanced their claim, rejected their contention and dismissed the Writ Petition. Hence, this appeal. 2. It is common case that as per the service rules applicable to them, the appellants are liable to retire on the last date of the month in which they attain the age of 58. The appellants would contend that the said rule will not apply to them by virtue of paragraph 3 of Ext.P4. The W.A. NO. 1108/2009 2 said paragraph reads as follows: “3. Government, therefore, direct all Research and Development Centres under Science, Technology and Environment Department to strictly adopt the following directions while prescribing the pay and service conditions of Scientific and non-scientific staff:- i. Only the scientists (or equivalents) need be provided with CSIR/ICAR/UGC/ of the Central Government scales of pay, allowances and comparable service conditions and all the rules governing such things should be identical with any one of the organisations such as CSIR/ICAR/UGC/ of the Central Government. In no case more financial benefits than what are provided in CSIR/ICAR/UGC/ of the Central Government will be granted to the scientists (or equivalents) of these autonomous Institutions. ii. All other employees of these autonomous bodies should be governed by State Govt. scales of pay, allowances and comparable service conditions. In no case, such employees shall be given more financial benefits than what are provided to the similar State Government Employees. iii.Present incumbents of Non-scientific cadre in various autonomous institutions who were already provided with CSIR/ICAR/UGC/ of the Central Govt. scales of pay and allowances may continue to have them as a very special case and it will be personal to them only. All future recruitments in these cadres will follow State Government scales of pay, allowances and comparable service conditions.” W.A. NO. 1108/2009 3 Special reference is made to paragraph 3(iii) of Ext.P4. According to the appellants, the said paragraph will confer right on them to continue in service till the age of 60. A plain reading of paragraph 3(iii) of Ext.P4 would show that what is protected is the scale of pay applicable to Central Government employees and no other service conditions. This will be evident from paragraph 2. All employees other than Scientists mentioned in paragraph 3(i) of Ext.P4 will be governed by the service conditions of State Government employees by virtue of paragraph 3(ii). The only exception given is in relation to the scale of pay as per paragraph 3(iii). So, the claim of the appellants that they are entitled to continue in service upto the age of 60 by virtue of paragraph 3(iii) of Ext.P4 is plainly untenable and the learned Single Judge has rightly rejected that contention. In the result, Writ Appeal fails and it is accordingly dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1108/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1108/2009 JUDGMENT 29th May, 2009 W.A. NO. 1108/2009 5