IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WA.No. 2381 of 2008() --------------------- {I.A.NO.14340/08 IN WPC.29055/2008 OF THIS COURT} .................... APPELLANT(S): PETITIONER --------------------------------------------- THARABAI.P.A, W/O. KRISHNANKUTTY, AYECHETTY HOUSE, PALLIKKUNNU.P.O, KANNUR DISTRICT. BY ADV. SRI.DEEPU THANKAN RESPONDENT(S): RESPONDENTS ------------------------------------------------------- 1. KERALA FISHERMEN'S WELFARE FUND BOARD, AYYAPPA NAGAR, PONKUNNAM, THRISSUR-2, RERESENTED BY ITS FISHERIES WELFARE COMMISSIONER. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FISHERIES AND PORTS (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SRI.ASOK M.CHERIAN - STANDING COUNSEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.2381 of 2008 ------------------------- Dated this the 2nd day of January, 2009. JUDGMENT KOSHY, Ag.C.J. On attaining the age of 55 years, the appellant retired from service on 28.2.2007. 2. It is true that the respondent/Board had recommended to the Government that the retirement age of the employees be enhanced from 55 to 58. That was not agreed to by the Government. 3. It is the case of the appellant that other persons, on the basis of certain interim orders, are continuing in service and the Government action is challenged in writ petitions before this court. But, those persons approached this court before their actual date of retirement. The appellant has already retired from service. Therefore, this writ appeal is disposed of clarifying that the appellant will be entitled to all the monetary benefits, if the writ petition is finally allowed. Sd/- (J.B. KOSHY) Ag. Chief Justice Sd/- (V.GIRI) JUDGE sk //true copy// P.S. to Judge