IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WA.No. 514 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.12703/2005 Dated 08/06/2006 .................... APPELLANT: PETITIONERS 2 & 3 IN WPC ----------------------------------- 1. K.S.SALIM, DEPUTY DIRECTOR OF PROSECUTION, PATHANAMTHITTA (RETIRED). 2. G.RAMACHANDRAN NAIR, DEPUTY DIRECTOR OF PROSECUTION, THIRUVANANTHAPURAM (RETIRED). ADDL. 3. THE KERALA ASSISTANT PUBLIC PROSECUTORS ASSOCIATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT, SRI.V.RADHAKRISHNAN NAIR, DEPUTY DIRECTOR OF PROSECUTION, KOLLAM. (ADDL.R3 IS IMPLEADED AS PER ORDER DT.7.3.2008 IN IA.219 OF 2008) BY ADV. SRI.ELVIN PETER P.J. SRI.S.RAMESH SRI.NAVEEN.T SRI.C.X.ANTONY BENEDICT RESPONDENTS: RESPONDENTS IN WPC ------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HOME (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF PROSECUTION, DIRECTORATE OF PROSECUTION, ERNAKULAM. 3. K.HAFSABI, W/O.SRI.U.A.LATHIF, ADVOCATE, MANJERI, RESIDING AT MANJERI, ERNAD TALUK, MALAPPURAM DISTRICT. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.514 of 2008 ----------------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Koshy, J. Both appellants were retired from service as Deputy Director of Prosecution on 31.5.2005. They attained the age of superannuation at the age of 55. Their contention is that since they are working in connection with the Judicial Department, in view of the decision reported in All India Judges Association v. Union of India ( (1992)1 SCC 119), retirement age has been raised to 60 years. As per the Kerala Service Rules, government servants have to retire at the age of 55. The same method is applicable to the Prosecutors in government services also. Public Prosecutors are not Judicial Officers. Their terms and conditions of services are entirely different. The learned Single Judge found that in view of the fact that they were appointed as Assistant Public Prosecutors and as per the Rules as in force, their retirement age is 55 and since they have attained the age of superannuation on the date fixed as per the Rules, the learned Single Judge refused to interfere with the order. We fully agree with the same. The Writ Appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.