MURALEEDHARAN NAIR K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are / were employees of the Kerala State Electricity Board (hereinafter referred to as 'the Board'). The Government amended R.60(a) of Part I, Kerala Service Rules, modifying the date of retirement of the Government servants from the last day of the month in which they attain the age of 55 years to the last day of the financial year concerned in which they attain the said age. The benefit of the said amendment has not been extended to the petitioners, by the Managing Committee of the Board and the Government. Feeling aggrieved by the said stand of the Managing Committee and the Government, these Writ Petitions are filed. Since the very same point arises for decision in all these Writ Petitions, they are heard together and disposed of by this common judgment.

(2.) WP (C) No. 26987 of 2009:

(3.) The retirement age of the employees of the Board was governed by R.60(a) of Part I, Kerala Service Rules, (for short, 'KSR'), which provided that the employees shall retire from service on the last day of the month in which they attain the age of 55 years. The Government, by Ext. P3 order dated 24/04/2009, decided to amend the said rule, by making the date of retirement of all the employees as the last day of the financial year, that is, 31st March of the concerned year. The Government issued Ext. P4 order on 30/04/009, to extend the benefit of Ext. P3 to all Public Sector Undertakings, Autonomous Bodies, Universities, Corporations and Boards under the State Government. It was also ordered that in the case of Autonomous Bodies, Ext. P3 will apply, subject to the decision of their governing bodies. On the basis of Ext. P4, the Electricity Board as per Ext. P5 Board Order, which was issued based on the decision of the Board Meeting held on 21/05/2009, ordered not to make applicable Ext. P3 to the KSEB employees. The result of Ext. P5 decision was that the Board employees will continue to be governed by the unamended provisions contained in R.60(a) of Part I, KSR. Soon thereafter, the Government issued GO (P) No. 261/2009 / Fin, dated 04/07/2009, (a copy of which is produced as Ext. P6), formally amending R.60(a) of Part I, KSR with effect from 24/04/2009, that is, the date of Ext. P3. The original sub-rule (a) of R.60 of Part I, KSR was substituted by the following sub-rule, which reads as follows: