S SUSEELAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE issue involved in this writ petition is as to whether the retirement age of non-academic staff of the 2nd respondent Regional Cancer Center is liable to be enhanced to 60 years from 58 years in tune with the retirement age of academic staff. THE very same matter was the subject matter for consideration by this Court in W.P(C).Nos. 24053/2009 and 30894/2010, in which a learned Judge of this Court passed the following judgment: "THE petitioners in W.P.(C).No.24053/2009 have been working as Security Guards and the petitioners in W.P.(C). No.30894/2010 have been working as Driver (Selection Grade), Hospital Attender and Nursing Supervisor respectively, in the Regional Cancer Centre, namely, the second respondent herein. THEse writ petitions are concerned with the retirement age of the petitioners. THEir case appears to be that Ext.P5 order produced in W.P.(C).No.30894/2010 passed by the Government enhancing the retirement age of Professors to 65 years and that of other academic staff to 62 years in Regional Cancer Centre as in Sree Chitra Tirunal Institute of Medical Sciences & Technology, evidently, applies to non-academic staff also, in the light of various orders. Accordingly, they have prayed for a direction to the second respondent to allow them to continue in service upto the age of 60 years. THE facts relevant for the disposal of the writ petitions as relevant in W.P.(C).No.30894/2010 are the following:-

(2.) IN Sree Chitra Tirunal INstitute of Medical Sciences & Technology (SCTIMST for short), which is an institute similar to Regional Cancer Centre, the age of retirement of academic staff is 62 years and that of non academic staff is 60 years. The governing body of the second respondent on 06/01/2009 decided to implement the Central Pay Revision in Regional Cancer Centre as that of SCTIMST as evident from Ext.P2 minutes, produced in W.P.(C).No.30894/2010.

(3.) IT appears that after the order Ext.P5 was issued by the Government, the second respondent sought for various clarifications by Ext.P10 communication, produced in W.P.(C). No.30894/2010, including a clarification as to the extension of retirement age to non-academic staff and with a further request that an order may be passed unifying the retirement age as well as other conditions of service including service pension.