IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 25682 of 2009(E) ----------------------------------------- PETITIONER(S): ------------------------ P.M. KOYA, GENERAL SECRETARY, KERALA AUTOMOBILES EMPLOYEES ORGANIZATION (STU),ARALUMOODU, THIRUVANANTHAPURAM - 695 001. BY ADV. MR.S.M.ALTHAF RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. MR. K.P. VIJAYAKUMAR, MANAGING DIRECTOR, KERALA AUTOMOBILES LIMITED, ARALUMOODU, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25682 of 2009-E ------------------------------ Dated this the 29th day of September, 2009. J U D G M E N T Heard Sri.S.M.Althaf, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner has filed this writ petition seeking a writ of Quo Warranto calling upon the third respondent to show under what authority he is occupying the public office held by him. The third respondent was appointed as Managing Director of the Kerala Automobiles Ltd, Thiruvananthapuram by Ext.P1 order dated 15.9.2008. The petitioner contends that as the third respondent’s date of birth is 19.11.1951, he has crossed the upper age limit of 55 years and therefore he is not eligible to be appointed in view of Ext.P3 Government order which stipulates that the upper age limit of candidates shall be 55 years as on the date of selection. The petitioner also challenges Ext.P1 on the ground that the third respondent’s appointment was not approved by the Cabinet. 3. The learned Government Pleader appearing for the official respondents submits on instructions that the third respondent was appointed after the Cabinet decided to appoint him. As regards the W.P(C) No.25682 of 2009-E 2 upper age limit, the learned Government Pleader submits that if the notification inviting applications for appointment of the Managing Directors of state level public sector undertakings it had been stipulated that the applicants should not have completed more than 57 years. He submits that the upper age limit was enhanced with a view to secure the services of talented and competent persons and that the third respondent was not over aged as on the date of selection. 4. The third respondent’s date of birth is 19.11.1951. He was appointed as per Ext.P1 Government order dated 15.9.2008. It is therefore evident that he has not crossed the upper age limit of 57 years as on the date of selection. Further the petitioner has not been able to show that Ext.P1 was passed without the approval of the Cabinet. The learned Government Pleader appearing for the official respondents submits on instructions that it was after the Cabinet decided to appoint the third respondent that Ext.P1 Government order was issued. In such circumstances, it cannot be said that the third respondent was not eligible to be appointed or that his appointment was not with the approval of the Cabinet. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN JUDGE ab //True Copy// PA to Judge