IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 11TH FEBRUARY 2011 / 22ND MAGHA 1932 WP(C).No. 3615 of 2011(B) ------------------------- PETITIONER(S): --------------- LEELA, D/O.KAMALAKSHY AMMA, AGED 57 YEARS, T/C 28/2611, VADAKKETHODIYIL VEEDU, CHETTIKULANGARA, TRIVANDRUM, WORKING AS PART TIME SWEEPER IN K.S.A.V.R.C, VATTIYOORKAVU, TRIVANDRUM. BY ADV. SRI.SABU S.KALLARAMOOLA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, TRIVANDRUM-695 001. 2. KERALA STATE AUDIO VISUAL AND REPROGRAPHIC CENTRE, REPROGRAPHIC COMPLEX, VATTIYOORKAVU, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGING DIRECTOR-695 001. 3. THE MANAGING DIRECTOR, KERALA STATE AUDIO VISUAL REPROGRAPHIC CENTRE, REPROGRAPHIC COMPLEX, VATTIYOORKAVU, THIRUVANANTHAPURAM-695 001. ADV.B.S.KRISHNAN, SC GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 3615 of 2011 ================== Dated this the 11th day of February, 2011 J U D G M E N T The petitioner is working as a part time sweeper in the service of the 2nd respondent-Kerala State Audio Visual and Reprographic Centre. According to the petitioner, the Centre is still following the service rules applicable to the Government employees insofar as no special rules have been framed laying down conditions of service for the employees of the 2nd respondent. Therefore, according to the petitioner, part time sweepers are entitled to continue till 70 years. The petitioner has been directed to be superannuated on attaining 58 years. The petitioner, therefore, seeks the following reliefs: “i) issue a writ, by way of declaration that the petitioner is entitled to continue in service in the post of Part time Sweeper under the 2nd respondent till she attains the age of 70. (i) (sic) issue a writ of mandamus or any other writ order or direction directing the 3rd respondent to not terminate the service of the petitioner till she attains Superannuation at the age of 70 years.” 2. The learned standing counsel for the 2nd respondent submits before me that the contention of the petitioner that no rules have been framed laying down the service conditions for the employees of the 2nd respondent is not correct. The standing counsel has produced before me a copy of the Service Rules. In the same, in clause 2.71 of Part VI, it is specifically stated that all employees 2 including the Managing Director shall retire from service on the last day of the month in which they complete 58 years of age. It is further submitted that the 2nd respondent is an autonomous body although controlled by the Government. Insofar as specific retirement age has been fixed in the service rules applicable to the 2nd respondent, the petitioner cannot claim to continue till the age of 70 years in accordance with the service rules applicable to Government employees. Therefore, I do not find any merit in this writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge