IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 33949 of 2008(N) -------------------------- PETITIONER: --------------- K.R.SIVAKUMAR, S/O.S.RAMACHANDRAN KORAPARAMBIL VEEDU, CHERUVARANAM, VARANAM PO., CHERTHALA, ALAPPUZHA. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: ------------------- 1. KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. REP. BY ITS SECRETARY. 2. KERALA STATE BEVERAGES (MANUFACTURING AND ,MARKETING CORPORATION LTD. SASTHAMANGALAM, THIRUVANANTHAPURAM, REP. BY ITS MANAGING DIRECTOR. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF TAXES (A) GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN ADV. SRI.P.J.ELVIN PETER,SC,BEVERAGES CORPN. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33949 of 2008 -------------------------- Dated this the 3rd February,2009 J U D G M E N T The petitioner, who is a candidate aspiring for appointment under the 2nd respondent, is aggrieved by Exhibit-P1 notification especially the condition therein granting relaxation in age in the case of provisional employees up to the age of 50 years. 2. Petitioner contends that the upper age limit fixed is 35 years as on 1.1.2008 with usual relaxation to members of SC/ST/OBC. It is pointed out that the relaxation of upper age in the case of provisional employees up to 50 years is without any justification and is in violation of Articles 14 and 16 of the Constitution of India. 3. A statement has been filed on behalf of the 2nd respondent. It is pointed out therein that in the matter of appointment to the service of 2nd respondent, a Division Bench of this Court in the judgment in O.P. No.21971/2002 and connected cases issued certain W.P ( C) No.33949 of 2008 2 directions which the Corporation is obliged to follow. One of the conditions that has been directed to be complied with is the grant of relaxation of age to the temporary employees. It was directed that as far as the upper age limit is concerned for regular appointment, temporary employees who are working in the Corporation for more than 6 months shall be given age relaxation. But there shall not be any relaxation in the matter of basic qualification. It is pointed out that the relaxation in the case of provisional employees in the upper age limit inserted in Exhibit-P1, is in accordance with the above direction. It is also pointed out that the Government has also sanctioned the said course adopted by the Corporation by Exhibit R2 (a) order dated 14.5.2008, after consultation with the Public Service Commission. 4. In the light of the above, the contentions raised by the petitioner cannot hold good. The writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.33949 of 2008 3 W.P ( C) No.33949 of 2008 4