Shivadasan A.P vs State Of Kerala
2022 Latest Caselaw 8063 Ker

WP(C) No.21005/2022                      1/4

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                      THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
             Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
                            WP(C) NO. 21005 OF 2022(A)
   PETITIONER:

          SHIVADASAN A.P, AGED 58 YEARS, SON OF PADMANABHAN, ARACKAL HOUSE,
          KUNDOOR PADAM, KUTTICHIRA P.O., CHALAKKUDY, THRISSUR, PIN - 680724

   RESPONDENTS:

      1. STATE OF KERALA, LABOUR DEPARTMENT,
         SECRETARIAT, THIRUVANANTHAPURAM,PIN - 695 001, REP BY ITS
         SECRETARY.
      2. THE PLANTATION CORPORATION OF KERALA LIMITED KANJIKUZHI, KOTTAYAM,
         PIN - 686 002 REP. BY MANAGING DIRECTOR.
      3. THE PLANTATION CORPORATION OF KERALA LIMITED, THE MANAGER, OIL PALM
         ESTATE, VETTILAPPARA P.O., CHALAKUD, THRISSUR, PIN - 680 721
      4. PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE DEVELOPMENT AND
         FARMERS WELFARE, SECRETARIAT (ANNEX II), THIRUVNANATHAPURAM, PIN -
         695 001
      5. CHIEF SECRETARY, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
         PIN - 695 001

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to permit the petitioner to continue in the service of the 2nd
   Respondent Estate on the basis of Ext.P2, during the pendency of this writ
   petition.
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.K.R.PRATHISH, P.K.SREEVALSAKRISHNAN, S.UNNIKRISHNAN (NELLAD), MANASI.M
   & GIFFIN SHALOO, Advocates for the petitioners, and of GOVERNMENT
   PLEADER for R1, R4 and R5, and Standing Counsel for R2 nd R3, the court
   passed the following:
 WP(C) No.21005/2022                      2/4




                               ANU SIVARAMAN, J.


                      =========================
                         W.P.(C) No.21005 of 2022
                      =========================

                        Dated this the 29th day of June, 2022

                                     ORDER

Admit. Learned Government Pleader takes

notice for respondents 1, 4 and 5. Learned Standing

Counsel takes notice for respondents 2 and 3.

2. It is submitted by the learned counsel for the

petitioner that inspite of the decision taken by the

Government in Exhibit P2 to enhance the retirement

age of employees of the Plantation Corporation from 58

to 60 years and inspite of the direction as seen in

Exhibit P5 judgment, to take a decision with regard to

the implementation of the same, the petitioner's

services has been sought to be terminated by Exhibit

P3 communication dated 12.05.2022, on the ground

that he has attained 58 yeas of age.

WP(C) No.21005/2022 3/4

W.P.(C) No.21005 of 2022

Having considered the contentions advanced,

there will be an interim direction to respondents 2 and

3 to permit the petitioner to continue in service

provisionally, and subject to further orders in this writ

petition as also subject to orders to be passed by the

Government.

Post on 21.07.2022.

Sd/-

                                                      ANU SIVARAMAN
                                                          JUDGE
       SSK/29/06




29-06-2022                        /True Copy/                    Assistant Registrar
 WP(C) No.21005/2022                 4/4

                       APPENDIX OF WP(C) 21005/2022
Exhibit P2            TRUE COPY OF THE GOVERNMENT ORDER DATED 18.02.2021
Exhibit P3            TRUE COPY OF THE LETTER DATED 12.05.2022 ISSUED BY THE

3RD RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.10548 OF 2021 DATED 22.11.2021 OF THIS HON'BLE COURT