IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 35319 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. M.MOHAMMED,S/O.USSANKUTTY,AGED 55 YEARS, MEDATHIL HOUSE,P.O.PERIMUGHAM VIA FEROKE, ATTENDANT VETERINARY DISPENSARY,CHERUVANNUR, NALLAM P.O.KOLATHARA,KOZHIKODE DISTRICT. 2. P.M.SIVADASAN,S/O.VELUKUTTY, AGED 52 YEARS,'CHAITHANYA HOUSE',P.O.CHEEKILODE, ATHOLI,ATTENDANT,VETERINARY DISPENSARY.PO, KAKKOOR,KOZHIKODE DISTRICT. 3. M.BALAN,S/O.CHANDU NAIR,AGED 55 YEARS, SABARI NIVAS,P.O.KOLAKKAD,ATHOLI,ATTENDANT, VETERINARY DISPENSARY,NANMINDA,P.O.CHEEKILODE, ATHOLI,KOZHIKODE DISTRICT. 4. K.JAMEELA,D/O.KUNHIMHAMMED,AGED 55 YRS, FATHIMAS,KODINATTUMUKKU,P.O.OLAVANNA, KOZHIKODE DISTRICT,ATTENDANT,VETERINARY DISPENSARY OLAVANNA.P.O,GURUVAYOORAPPAN COLLEGE, KOZHIKODE DISTRICT. 5. P.N.BALAKRISHNAN,S/O.LATE ACHAPPAN NAIR, AGED 55 YEARS,CHEHAYIL HOUSE,8/4 P.O.FEROKE, PIN.673631.ATTENDANT,VETERINARY DISPENSARY, KADALUNDY.P.O,KADALUNDY,KOZHIKODE DISTRICT. 6. V.O.LAKSHMANAN,S/O.CHOYIKUTTY, AGED 55 YEARS,VADAKKEVATTOLI HOUSE,P.O.KAPPAD, CHEMANCHERI,PIN-673304.ATTENDANT,VETERINARY DISPENSARY,KOYILANDY,KOZHIKODE DISTRICT. 7. M.PADMANABHAN,S/O.NARAYANAN ADIYODI, GED 50 YEARS,MANANTHALA HOUSE,P.O.PAYYOLI, ATTENDANT,VETERNIARY DISPENSARY,AYANIKKADE, P.O.IRINGAL,KOZHIKODE DISTRICT. 8. K.LAKSHMI,W/O.ACHUTHAN,KUTTIKKATTIL HOUSE,P.O.KADALOOR,ATTENDANT,VETERINARY DISPENSARY MOODADI,KADALOOR.PO,KOYILANDY, KOZHIKODE DISTRICT. WPC 35319/2009 2 9. P.KUNHIMADHAVI,W/O.BALAN,AGD 55 YEARS, MAVALIKKANDY HOUSE,P.O.AYANIKKAD,ATTENDANT, VETERINARY DISPENSORY MELADY.P.O,THIKKODY, KOZHIKODE DISTRICT. 10. T.VALSALA,W/O.M.C.NARAYANAN, MEETHALE CHERUVATTA HOUSE,MUDUVANA.P.O, ATTENDANT,VETERINARY HOSPITAL,MEPPAYYUR, KOZHIKODE DISTRICT. 11. V.SADANANDAN, RESIDING AT VAZHAYIL HOUSE,PALAZHI,PO. GURUVAYOORAPPAN COLLEGE,ATTENDANT,DISTRICT VETERINARY OFFICE,VETERINARY HOSPITAL COMPOUND, CALLICUT-1,KOZHIKODE DISTRICT. BY ADV. SRI.P.K.RAMKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR DEPARTMENT OF ANIMAL HUSBANDRY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ANIMAL HUSBANDRY OFFICER, KOZHIKODE,VETERINARY HOSPITAL COMPOUND, CALICUT.1,KOZHIKODE DISTRICT. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.35319 of 2009 ------------------------------------------- Dated this the 4th day of January, 2010 JUDGMENT The petitioners are Part-time Sweepers who were recruited through the Employment Exchange and subsequently regularised as Class IV employees. They had submitted Exts.P1 to P11 representations before the Government requesting for an enhancement of their retirement age. The Government has replied by Ext.P12 communication that enhancement in retirement age requires a policy decision, that cannot be taken at the departmental level and that such policy decision would have to be taken by the Government. It is pointed out by the learned Government Pleader that Rule 60(b) of Part I KSR would also have to be amended. 2. The above is a policy decision that has to be taken by the Government. Since Exts.P1 to P11 are W.P.(C)No.35319/2009 2 pending consideration before the Government, this Writ Petition can be disposed of directing the Government to consider and take an appropriate decision on the representations on an early date. Accordingly, this Writ Petition is disposed of directing the first respondent to consider Exts.P1 to P11 representations and to pass orders thereon on an early date. K.SURENDRA MOHAN, JUDGE css/