P.S. HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners were employees of the second respondent and their retirement age was fixed at 55 years. While so, the Board of the second respondent decided to enhance the retirement age of its staff from 55 to 58 years and referred the matter to the Government for approval (Ext.P1). Pending decision by the Government, the petitioners filed W.P(C).No.10071 of 2007 against relieving them on attaining the age of 55 years. In the said proceeding, this Court issued interim order allowing petitioners to continue beyond 55 years. Pending that Writ Petition, the first respondent issued Ext.P2, order rejecting the proposal in Ext.P1 to enhance retirement age to 58 years. Ext.P2, order was challenged in Writ Petition and this Court set aside Ext.P2, order observing that it is not a decision based on Ext.P1 and directed fresh consideration of Ext.P1, proposal. Later, the Government came with Ext.P6, Government order dated 11.04.2008 rejecting the proposal on the ground that it is against the policy of the Government. Ext.P6, order is under challenge in this Writ Petition.

(2.) THE petitioners pray that this Court may issue issue a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P6 and quash the same, issue a writ of mandamus or other appropriate writ, direction or order to the first respondent to approve the decision contained in Ext.P1 to enhance the age of the staff and officers of the second respondent from 55 to 58 years, declare that petitioners are entitled to continue in the service of the second respondent till they attain the age of 58 years as decided in Ext.P1 and get all service benefits like promotion and other attendant benefits. Certain other reliefs are also prayed for.

(3.) THE third respondent also has filed a counter affidavit referring to the decision it has taken to enhance the retirement age from 55 to 58 years and forwarding the same to the first respondent for approval.