KUNHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Identical issues arise for consideration in these original petitions. Therefore I consider it advantageous to dispose of these petitions by a common judgment.

(2.) Petitioner in O.P. No. 1052/92 was a member of the State Judicial service. He was working as Chief Judicial Magistrate, Kozhikode. He attained the age of 55 years in November, 1991. So as per the Service Rules, he was to retire on 30-11-91. In view of the decision of the Supreme Court in All lndia Judges' Association v. Union of India, 1992 (1) KLT 103 (decided on 13-11-91), he filed a representation to Government to allow him to continue in service till he completes the age of 60years. The representation forwarded through the High Court was considered by the Government and informed the High Court trial pending detailed consideration of the Supreme Court judgement petitioner may be provisionally allowed to continue in service. Pursuant to that direction, petitioner continued in service beyond 31-11-91.

(3.) Petitioner in O.P.No. 1070/92 was functioning as Selection Grade District Judge in. the Higher Judicial Service of the State. He completed the age of 55 years in December, 91. As per the Rules governing conditions of service, he was to retire from service on 31-12-91. In view of the decision of the Supreme Court in All India Judges' Association case, he put in Ext. P1 representation to Government for permission to continue in service till appropriate steps for implementation of the direction of the Supreme Court are finalised (Ext. P1 is the copy of the representation). Government informed the High Court that pending detailed consideration of the Supreme Court decision on the age of superannuation of Judicial Officers and pending issue of orders thereon, petitioner may be provisionally allowed to continue in service. Pursuant to that direction, High Court issued Ext. P2 proceedings allowing the petitioner to continue in service provisionally until further orders. -