V N PARAMESWARAN POTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Common issue based on common facts calls for consideration in all these Writ Petitions and therefore, they were heard jointly and are being considered together in this common judgment.

(2.) The petitioners belong to the teaching staff either in the Government / Aided Ayurveda colleges or under the Government Homeopathic Medical Colleges and they hold different designations in different disciplines'. The petitioner in WP (C) No. 13841/2010 is the Director of Ayurveda Medical Education. The prayer in these Writ Petitions, in essence, is for extending the benefit of GO (Ms) No. 14/2010 / H & FWD dated 14/01/2010 to the colleges under the aforesaid two systems of medicines viz., Ayurveda and Homeopathy and to issue a writ of mandamus commanding the respondents to retain them in service. In some of these Writ Petitions, such retention is sought in exercise of the powers under R.60(a) Chapter VIII of Part I of the Kerala Service Rules (hereinafter referred for brevity 'KSR' only). In some other Writ Petitions it is sought citing the pendency of a proposal to enhance the retirement age in these services. The prayers in these Writ Petitions would thus reveal that the petitioners seek for retention in service beyond the age prescribed for superannuation in their respective departments under R.60(c) of Part I of the KSR. It is to achieve the said purpose that the petitioners rely on the said GO dated 14/01/2010 and claim for extension of the benefits granted thereunder to the Government / Aided Ayurveda Colleges and Government Homeopathic Medical Colleges.

(3.) As per GO (Ms) No. 14/2010 / H & FWD dated 14/01/2010 the Government have ordered that the retirement age of the doctors in the medical category under the Medical Education Service be increased to 60 years from the existing 55 years with retrospective effect from 01/05/2009. It is specifically ordered thereunder that the said order would not be applicable to the faculties in the Dental, Nursing, Pharmacy and Non - medical categories under the Medical Education Service. Evidently, the relevant provisions under the KSR were not correspondingly amended. Thus, solely by virtue of the said GO dated 14/01/2010, the doctors in the medical category under the Medical Education Service are continuing in service beyond the age of 55 years. The age of compulsory retirement of doctors in the medical category under the Medical Education Service is also governed by the provisions under the KSR. It is in the said background that the petitioners seek extension of the applicability of GO dated 14/01/2010 to Ayurvedic and Homeopathic Colleges so as to get retention in service up to 60 years of age as in the case of doctors in the medical category under the Medical Education Service.