AJITH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) On 25/10/2022, the Registrar General of the High Court of Kerala forwarded the proposal of the Hon'ble the Chief Justice of High Court of Kerala for enhancement of age of superannuation of the members of the staff of the High court from 56 to 58 years. This proposal was mooted pursuant to the High level meeting between the Hon'ble Chief Justice and Hon'ble the Chief Minister held on 24/9/2022 wherein while considering many other matters, the Hon'ble Chief Minister expressed willingness to consider the proposal for enhancement of age with an open mind. The High Court forwarded the proposal along with the subcommittee report. The sub-committee consisted of three judges of this Court. After adverting to many inputs and factors, the committee suggested enhancement of retirement age, limiting to members with meritorious service and impeccable integrity. That means an evaluation of performance will have to be done at the age of 56, which is the present age fixed for retirement, for an extension of service beyond 56 years.

(2.) The Government considered the matter. The Additional Chief Secretary by communication dtd. 28/2/2023 informed the High Court of their inability to accept the proposal as the Government fixed the retirement age at 56 of the High Court staff at par with the government servants and in view of the fact that no decision was taken to enhance retirement age of the government servants, the Government was not in a position to consider the proposal favorably.

(3.) The Kerala High Court Services (Determination of Retirement Age) Act, 2008, a state legislation, determines the retirement age in High Court service. It came into force with effect from 1/8/2008, the retirement age was fixed at 55. Thereafter, it was amended and now the retirement age is 56 years. We are not referring to the various events that occurred between the original enactment and the amendment as it may not be relevant for consideration of the points involved in this case.