A K REETHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is working as an Upper Division Clerk in the Kerala State Development Corporation for Christian Converts from Scheduled Castes and Recommended Communities Ltd. He is attaining the age of 55 years on 31.3.2011, which is the age of superannuation in the establishment. According to the petitioner, the Government has already decided to enhance the age of superannuation of the employees of the said establishment to 58 yeas, but the same could not be finalised in view of the declaration of elections to the Legislature and consequent imposition of code of conduct. The petitioner submits that, in the above circumstances, it is unjust to ask the petitioner to retire at the age of 55 yeas. The petitioner, therefore, submits that the petitioner may be permitted to continue beyond 55 years till the Government takes a final decision as to the question of raising the retirement age of the employees of the said establishment. The petitioner submits that the 2nd respondent has already issued Exts.P7 and P8 requests to the 1st respondent in the matter and, as evidenced by Ext.P6, the Government is also seized of the matter. The petitioner seeks a direction to the 2nd respondent to take a decision on Exts.P7 and P8 expeditiously and a direction to the 2nd respondent to allow the petitioner to continue in service till the Government takes a final decision in the matter.

(2.) This is opposed by the learned counsel for the 2nd respondent with the help of a statement filed. According to him, no such decision has been taken and, therefore, the petitioner cannot be allowed to continue in service beyond 55 years of age.

(3.) I have considered the rival contentions in detail.