V Sushama vs State Of Kerala
2021 Latest Caselaw 12619 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             FRIDAY, THE 28TH DAY OF MAY 2021 / 7TH JYAISHTA, 1943
                              WP(C) NO. 11378 OF 2021
PETITIONER :-

                  V SUSHAMA, AGED 56 YEARS
0




                  MADHAVINILAYAM HOUSE, CHIRAKKAL P.O.,
                  KANNUR, PIN - 670 592.

                  BY ADV MAITREYI SACHIDANANDA HEGDE


RESPONDENTS :-

       1          STATE OF KERALA
                  DEPARTMENT OF CULTURE, SECRETARIAT
                  THIRUVANANTHAPURAM, PIN - 695 001

       2          SECRETARY
                  DEPARTMENT OF CULTURE, SECRETARIAT
                  THIRUVANANTHAPURAM, PIN - 695 001

       3          DIRECTORATE OF CULTURE REPRESENTED BY DIRECTOR
                  ANANTHAVILASAM PALACE, THEKKENADA,
                  FORT P.O., PIN - 695 023

       4          DIRECTOR
                  THE DIRECTORATE OF CULTURE
                  ANANTHAVILASAM PALACE, THEKKENADA, FORT P.O.,
                  THIRUVANANTHAPURAM, PIN - 695 023

       5          KERALA FOLKLORE ACADEMY REPRESENTED BY SECRETARY
                  KIZHAKKEKOVILAKAM, CHIRAKKAL, KANNUR, PIN - 670 011

       6          SECRETARY OF KERALA FOLKLORE ACADEMY
                  KERALA FOLKLORE ACADEMY, KIZHAKKEKOVILAKAM
                  CHIRAKKAL, KANNUR, PIN - 670011

                  BY SRI.BIJOY CHANDRAN, SR.GP


THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
28.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11378 OF 2021
                                -: 2 :-

                             JUDGMENT

This writ petition is filed challenging Ext.P5 to the extent it

denies the introduction of contributory pension to the employees of

Kerala Folklore Academy. The petitioner, who claims to be a

permanent employee of the Kerala Folklore Academy, submits that

she is due to retire from service on 31.5.2021 on the basis of the

existing service rules and that the proposal for including the

employees in the contributory pension scheme, which is forwarded by

the Academy is pending before the Government. It is, therefore,

submitted that since the employees of other similarly situated

academies and organisations have been included in the contributory

pension scheme and permitted to continue till 60 years, the petitioner

contends that she is entitled to continue in service till she attains the

age of 60 or until a decision is taken on Ext.P15 proposal.

2. The Learned Senior Government Pleader submits that the

age of retirement in respect of the employees of the Folklore WP(C) NO. 11378 OF 2021

Academy, an independent autonomous institution was 55 and has

been recently enhanced to 56 by an order by the Government. It is

stated that the Government is considering the proposal for

enhancement of the retirement age of employees of the Folklore

Academy and that a reply shall be issued to the Academy. It is

further contended that the petitioner has no right to continue in

service beyond the age of superannuation prescribed by the Rules.

3. Having heard the learned counsel on either side, I am of the

opinion that since it is admitted that Ext.P15 proposal has been

submitted before the Government and is pending consideration, it is

for the Government to take an appropriate decision on the same.

There will, accordingly, be a direction to the 1st respondent

to take up Ext.P15 proposal preferred by the Folklore Academy and to

pass appropriate orders within a period of two months from the date

of receipt of a copy of this judgment. In case the Government

decides to accept the contributory pension scheme in respect of the WP(C) NO. 11378 OF 2021

employees of Folklore Academy and enhance the age of retirement,

the petitioner shall be re-inducted in service and permitted to

continue till she attains the age of 60 years.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN, JUDGE

Jvt/31.5.2021

//TRUE COPY//

P.A. TO JUDGE