PARAMESWARAN K M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner retired from service on attaining the age of superannuation, namely 55 years, on 30/04/2009 while working as Lecturer in 'Shalakya Thantra' in Vaidyaratnam Ayurveda College, Ollur. He challenges in this writ petition GO (MS) No. 14/2010 / H&FWD dated 14/01/2010 (Ext. P5), by which, the retirement age of Doctors in Medical Category under the Medical Education Service was increased to 60 from 55 years. The grievance of the petitioner is that by the Government Order under challenge, the increase in the age of retirement was afforded only to Doctors in the Medical Category; and the faculties in Dental, Nursing, Pharmacy and Non - Medical categories under Medical Education Service were specifically excluded.

(2.) A batch of writ petitions were filed by the teaching staff in Government / Aided Ayurveda Colleges praying for extending the benefit of GO (MS) No. 14/2010 / H&FWD dated 14/01/2010 to the faculties under the other systems of medicine, namely, Ayurveda and Homoeopathy. Those writ petitions were dismissed by a learned Single Judge by the judgment dated 19/07/2010, reported in 2010 (3) KHC 491 : ILR 2010 (3) Ker. 566 (Dr. V. N. Parameswaran Potty v. State of Kerala). Against the common judgment rendered by the learned Single Judge, members of the teaching faculty in Homoeopathy Medical Colleges filed WA Nos. 1338 of 2010 and 1339 of 2010. Those Writ Appeals were dismissed by the Division Bench as per the judgment dated 06/08/2010, reported in 2010 (4) KHC 292 (DB) : 2010 (4) KLT 281 (Prakasan M.P. (Dr.) and Others v. State of Kerala and Another).

(3.) The learned counsel for the petitioner submitted that in the writ petitions which were decided by the learned Single Judge as well as by the Division Bench, the validity of GO (MS) No. 14/2010 / H&FWD dated 14/01/2010 was not under challenge as is clear from paragraph 5 of the judgment of the learned Single Judge. In the present writ petition, the petitioner challenges the validity of GO (MS) No. 14/2010 / H&FWD dated 14/01/2010 on the ground that the retirement age of the medical faculties in the Department of Medicine could not be extended except by amendment of R.60(c) of the Kerala Service Rules. The contention of the petitioner is that though he retired from service on 30/04/2009, GO (MS) No. 14/2010 / H&FWD dated 14/01/2010 was given retrospective effect from 01/05/2009. Had the same benefit been given to Tutors in Ayurveda Colleges, the petitioner would have got that benefit. Therefore, it is contended that the Government Order is invalid on the ground of discrimination as well.