K.K.THANKAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was to retire as on 31.05.2010. On account of Ext. P2 Government Order coming into force the retirement age was extended till the end of the financial year 31.03.2011. The complaint of the petitioner is that subsequently the Council of the 2nd respondent passed a resolution on 22.02.2010 re-fixing the retirement age of the employees at 55 years. This according to the petitioner is clearly malafide and the Council had no authority to pass such a resolution.

(2.) THERE is no dispute about the fact that the retirement age of the petitioner was 55 at the time when she joined service and as per the service conditions and in normal circumstances she would have retired on 31.03.2010. By virtue of Ext. P2 Government Order, the Government had permitted the employees to remain in service till the end of the financial year after they attain the age of 55 years. As far as autonomous bodies were concerned the extension of the retirement age of the employees of such bodies in terms of Ext. P2 was subject to them passing appropriate resolutions in that regard.

(3.) BUT by Ext. P3, resolution has been passed by the Council reverting back to the original position and fixing 55 years as retirement age of its employees.