KERALA GAZETTED OFFICERS FRONT Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner's in these Original Petitions are employees of the State Government or their representative associations. Such Government servants are those who are to retire from service on superannuation on the attainment of 55 years of age as provided in R.60(a). Part.2, Kerala Service Rules. They seek revision of their age of retirement from 55 years to 58 or 60 years. Incidentally they also pray that the respondent State may be directed to continue them in service even after they attain the age of superannuation in accordance with R.60(a). Part.1, Kerala Service Rules.

(2.) Some of the principal grounds urged by petitioners are that the age of superannuation has been refixed as 60 for teachers and academics in all the Universities and that the benefit of such revised age of retirement has been extended to Coaches, personnel in the Physical Education Department, Instructors etc. The age of retirement of members of the Kerala Public Service Commission is 62 years, in Nationalised Banks 58 years, in Statutory Boards and Corporations 58 to 60 years, for Class.4 employees appointed prior to 7-4-1970 60 years, for NMR workers on absorption into regular establishment 58 years, and State Service Officers promoted to IAS cadre 58 years. Reference is also made to the recommendations made by the Central Pay Commission, where by the age of retirement is proposed to be enhanced to 60 years. Specific reference is made to Ext. P1, Ordinance 63 of 1984, amending S.42 (4) of the Kerala Agricultural University Act enhancing the age of retirement from 55 to 60 years for Deans, Directors, Librarians and Teachers under the University, whereas the age of retirement of other staff is retained as 55 years Clause.10 of the Kerala University First Statutes, 1977 prescribing the age of retirement of University Teachers as 60 years and Exts.P2, P3 and P4 orders extending that benefit to the University Coaches and personnel in the Physical Education Department in Calicut University are also referred to. Exts. P5 and P6, Press Reports dated 26th April, 1985 about the statement of the Chief Minister and Ext. P7 News Report dated 21st May, 1985 regarding the statement of the then Minister for Finance, seemingly supporting the demand for refixation of the age of retirement are also relied upon. Ext. P8 memorandum submitted in January, 1985 by the Kerala Gazetted Officers Association and Ext. P9 representation dated 18-5-1985 submitted by the Kerala Gazetted Officers Front have urged the Government to refix the age of retirement at 60 years. Technical Officers of the Animal Husbandry Department and former employees of the Agricultural Department who were absorbed into Kerala Agricultural University are said to be continuing in service beyond 55 years, the former on re-employment basis and the latter by virtue of their absorption into Kerala Agricultural University without ascertaining the option of the senior officers. The 8th petitioner in OP. No. 6541 of 1986 points out that he has to retire at 55 years, whereas many of his juniors in Ext. P10 seniority list, who were absorbed into Kerala Agricultural University have got the benefit of continuance in service upto 60 years. Reference is made to Ext. P10 and Ext. P11 orders extending the age of retirement of Livestock Assistants and Veterinary Surgeons after retirement at the age of 55 years. Exts. P12 to P14 are similar orders of re-employment of personnel who retired from the Labour Department. On the basis of these facts, petitioners submits that the age of retirement has to be refixed. Age of retirement was fixed as 55 years at a time when the maximum age limit for entry into service had been fixed as 25 years. The period of qualifying service necessary for earning full pension as provided in the Kerala Service Rules is 30 years. It is stated that with the refixation of the maximum age limit for entry into service as 35 years, many may not be able to complete the qualifying service to earn full pension. Average life-span which was 38 years at the time when the age of retirement was fixed as 55 years is now 66 years, by reason of the rapid strides of progress in health-care and the consequent increase in longevity of the people. Average number of Government employees who are to retire at the age of 55 years is said to be 4200. Each retired employee has to paid an average of Rs. 85,000,-. It is, therefore, stated that an amount of Rs. 35.7 crores per year can be saved if the age of retirement is extended by one year. Extension of the age of retirement by three years is said to result in an average saving of Rs. 300 crores. It is asserted on the basis of these assumptions, that if such amounts as can be saved are utilised for intensive development activities, employment potential far in excess of the employment opportunities which may be generated consequent on retirement can be achieved.

(3.) Petitioner in O. P. No. 8074 of 1986 submits that the relevant factors which are to be taken into account for determination of the age of retirement are: