Kerala High Court
Maya Devi P.S vs State Of Kerala on 21 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 5142 OF 2023
PETITIONERS:
1 MAYA DEVI P.S
AGED 57 YEARS, W/O SURENDRAN, SENIOR LINEN
KEEPER, BOLGATTY PALACE HOTEL AND RESORT, KTDC
LIMITED, MULAVUKADU P.O., ERNAKULAM,PIN -
682504
2 SUNNY THOMAS
AGED 57 YEARS, S/O T.F.THOMAS, MANAGER GRADE
IV, ARANYA NIVAS (KTDC), KUMILY, THEKKADY P.O.,
IDUKKI, PIN - 685509
3 K.G. BINDHU
AGED 57 YEARS, W/O S. GOPAKUMAR, ASSISTANT
MANAGER GRADE IV, KTDC MASCOT HOTEL, PMG ROAD,
THIRUVANANTHAPURAM, PIN - 695033
4 ANIL RAJ
AGED 57 YEARS, S/O JUSTUS, FOREMEN ELECTRICAL,
MASCOT HOTEL KTDC, MASCOT SQUARE, PMG ROAD,
THIRUVANANTHAPURAM, PIN - 695033
5 VIJAYAN. K
AGED 57 YEARS, S/O P.C.KUNJU MANAGER GRADE IV,
ASSISTANT MANAGER, MASCOT HOTEL KTDC, MASCOT
SQUARE, PMG ROAD,THIRUVANANTHAPURAM - 695033
6 SHAHINA BAI. H
AGED 57 YEARS, D/O HAJI ABDUL REHIMAN SAIT,
DEPUTY MANAGER (P) KTDC, P.B. NO. 5424,
CORPORATE OFFICE, MASCOT SQUARE,
THIRUVANANTHAPURAM, PIN - 695033
7 GIREESAN. B
AGED 57 YEARS, S/O BHASKARA PILLAI,COOK,MASCOT
HOTEL KTDC, PMG ROAD, PALAYAM
THIRUVANANTHAPURAM, PIN - 695033
8 JAYACHANDRAN K.G
AGED 57 YEARS, S/O KUNJIRAMAN, UNIT OFFICER,
KTDC RESTAURANT, BHOOTHATHANKETTU P.O.,
KOTHAMANGALAM, PIN - 686691
W.P.C NOS.5142,17677
& 26352 OF 2023
..2..
9 JAYAKUMAR. G
AGED 57 YEARS, S/O M.G. GOPALA MENON, MANAGER,
KTDC KUMARAKOM GATEWAY RESORT, CHERTHALA,
THANNEERMUKKOM P.O., ALAPPUZHA, PIN - 688527
10 UNNIKRISHNAN. A
AGED 56 YEARS, S/O RAMAN. A, MANAGER GRADE IV,
RESTAURANT AND BEER PARLOUR, KTDC ULLIYERI,
KOZHIKODE, PIN - 673620
11 V. SHEEJA
AGED 56 YEARS, D/O A. GOVINDA PILLAI, BELL
CLERK, KTDC CORPORATE OFFICE, MASCOT SQUARE,
THIRUVANANTHAPURAM, PIN - 695033
12 VINOD. D.K
AGED 56 YEARS, S/O DAMODHARAN V., TELEPHONE
OPERATOR, MASCOT HOTEL KTDC, MASCOT SQUARE, PMG
ROAD, THIRUVANANTHAPURAM, PIN - 695033
13 MUTHUKUMAR K
AGED 56 YEARS, S/O M. KOLAPPAN, MANAGER GRADE
IV, GRAND CHAITHRAM KTDC, THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
14 THULASI. L
AGED 56 YEARS, D/O G. SUKUMARAN, PA TO MD, KTDC
CORPORATE OFFICE, MASCOT SQUARE,
THIRUVANANTHAPURAM, PIN - 695033
15 DHARMAPALAN. P
AGED 56 YEARS, S/O K. VELUKUTTY, DEPUTY MANAGER
ACCOUNTS, KTDC REGIONAL OFFICE, RAMANATTUKARA,
KOZHIKODE, PIN - 673633
16 CHRISOSTAM K.M
AGED 55 YEARS, S/O MATHEW, CHIEF STEWARD, KTDC
RESTAURANT & BEER WINE PARLOUR, KTDC LTD,
PADANNAKKAD P.O., KASARAGOD, PIN - 671314
17 SHAJI. T
AGED 54 YEARS, S/O A. THANKKAPPAN, COOK, KTDC,
P.B. NO. 5424, CORPORATE OFFICE, MASCOT ROAD,
THIRUVANANTHAPURAM, PIN - 695033
18 VIKRAMAN K
AGED 54 YEARS, S/O KESAVAN NAIR, STORE ATTENDER,
MASCOT HOTEL KTDC, MASCOT SQUARE, PMG ROAD,
THIRUVANANTHAPURAM, PIN - 695033
BY ADVS.
SHABU SREEDHARAN
SIDHARTHAN V.K.
W.P.C NOS.5142,17677
& 26352 OF 2023
..3..
ABDUL HAMEED (NALAKATH)
S.DHEERENDRAKUMAR
GOKUL R.NAIR
S.SIVACHALAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, TOURISM
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE MANAGING DIRECTOR,
KERALA TOURISM DEVELOPMENT CORPORATION
CORPORATE OFFICE: MASCOT SQUARE,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
THOUFEEK AHAMED
SHRI.P.A.AHAMED, SC, KTDC LTD.(SC-1031)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.08.2023, ALONG WITH WP(C).17677/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C NOS.5142,17677
& 26352 OF 2023
..4..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 17677 OF 2023
PETITIONERS:
1 SAJAN S
AGED 58 YEARS,S/O.SREEDHARAN K.,
MULLUVILA VEEDU, PATTIKKAVALA, VAKKOM P.O.,
THIRUVANANTHAPURAM, PIN - 695308
2 M. SHAJAHAN
AGED 58 YEARS, S/O.MUHAMMED,
VYDYASALA PARAMBU, ERAVATHOOR P.O., MALA,
THRISSUR, PIN - 680734
3 RAJAN K.J
AGED 58 YEARS, S/O.JANARDANAN,
KAMARAJ VILASOM, KUMARAKOM P.O.,
KOTTAYAM, PIN - 686563
4 NITHANANDAN P.T
KRISHNAKRIPA, ELAVALLY P.O., ELAVALLY SOUTH,
CHAVAKKAD, THRISSUR, PIN - 680511
BY ADVS.
SHABU SREEDHARAN
VISHNU PREMKUMAR
AMAL BIJU
SIDHARTH S.
ZAKKIR HUSSAIN P.B.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, TOURISM
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE MANAGING DIRECTOR
W.P.C NOS.5142,17677
& 26352 OF 2023
..5..
KERALA TOURISM DEVELOPMENT CORPORATION,
CORPORATE OFFICE: MASCOT SQUARE,
THIRUVANANTHAPURAM, PIN - 695001
BY ADVS.
THOUFEEK AHAMED
SHRI.P.A.AHAMED, SC, KTDC LTD.(SC-1031)
SMT.K.G.SAROJINI [GP]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.08.2023, ALONG WITH WP(C).5142/2023, 26352/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C NOS.5142,17677
& 26352 OF 2023
..6..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
WP(C) NO. 26352 OF 2023
PETITIONER:
JAYAKUMAR D.S.
AGED 57 YEARS
S/O. DAMODHARAN, DEVNA, CHEMPAKAMANGALAM, KORANI
P.O., KIZHUVILAM, THIRUVANANTHAPURAM,PIN -695104
BY ADV SHABU SREEDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 682031
2 THE MANAGING DIRECTOR
KERALA TOURISM DEVELOPMENT CORPORATION,
CORPORATE OFFICE, P.B. NO. - 5424, MASCOT
SQUARE, THIRUVANANTHAPURAM, PIN - 695001
SRI.THOUFEEK AHAMED[SC]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.08.2023, ALONG WITH WP(C).17677/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C NOS.5142,17677
& 26352 OF 2023
..7..
JUDGMENT
[WP(C) Nos.5142/2023, 17677/2023, 26352/2023]
The petitioners in these three cases are employees of the
Kerala Tourism Development Corporation (KTDC), who are either
in service or have now retired. Their common grievance is that
the age of superannuation in the services of the KTDC has not
yet been enhanced to 60 years, even though such benefit has
been offered to the employees of various other similar
organisations and institutions. They thus pray that respondents
be directed to issue orders enhancing the retirement age in the
services of the KTDC, within a time frame to be fixed by this
Court.
2. In response to the afore submissions of the
petitioners, as made by their learned counsel - Sri.Shabu
Sreedharan, Sri.Thoufeek Ahamed - learned Standing Counsel
for the KTDC, submitted that a final decision as to the age of
superannuation in the services of his client has to be taken by
the Government and that his client will be bound by the same.
3. Smt.K.G.Sarojini - learned Government Pleader,
explained that though Government had earlier issued an order
enhancing the retirement age in Public Sector Undertakings, it
W.P.C NOS.5142,17677
& 26352 OF 2023
..8..
was withdrawn and substituted by another one, which mandates
that consideration of such in each of the institutions is to be
done independently, on a case to case basis; and conceded that
the proposal of the KTDC for such purpose is pending before the
Government. She added that the matter is now being
considered by the competent Authority of the Government,
including by constituting Expert Committees, and that a final
decision in this regard will be issued without any avoidable
delay.
4. Taking note of the afore submissions and since this
Court cannot affirmatively direct the Government to take a
particularly decision, I am certain that this writ petition deserves
to be allowed, by fixing a time frame for such purpose.
Resultantly, I order these writ petitions, to the limited
extent of directing the Government to take a decision on the
proposal of the KTDC - for the enhancement of retirement age in
their services from 58 to 60 years - said to be still pending
before it, as expeditiously as is possible, but not later than four
months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ACR
W.P.C NOS.5142,17677
& 26352 OF 2023
..9..
APPENDIX OF WP(C) 5142/2023
PETITIONER EXHIBITS
Exhibit-P1 A COPY OF THE GOVT. ORDER WITH NO.
265/2022/HEDN DATED 31-05-2022
Exhibit-P2 TRUE COPY OF THE MINUTES OF BOARD
MEETING OF THE KTDC HELD ON 24.12.2014
Exhibit-P3 THE TRUE COPY OF THE ORDER IN
WP[CIVIL] NO. 5142 / 2023 DATED
30.5.2023
Exhibit-P4 THE TRUE COPY OF THE ORDER IN
WP[CIVIL] NO. 17677/ 2023 DATED
1.6.2023
RESPONDENT EXHIBITS
Exhibit R2(a) True copy of the relevant page of
service rule of the 2nd respondent
Exhibit R2(c) True copy of the government letter
dated 3/4/2015
Exhibit R2(b) True copy of the letter dated
17/1/2015
W.P.C NOS.5142,17677
& 26352 OF 2023
..10..
APPENDIX OF WP(C) 17677/2023
PETITIONER EXHIBITS
Exhibit-P1 A COPY OF THE ORDER NO. 265/2022/HEDN,
DATED 31-05-2022
Exhibit-P2 TRUE COPY OF THE MINUTES OF BOARD
MEETING OF THE KTDC HELD ON 24.12.2014
Exhibit-P3 THE TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITIONER DATED
28.1.2023 BEFORE THE CHAIRMAN, KTDC
RESPONDENT EXHIBITS
exhibit R2(b) True copy of the letter dated
17/1/2015 issued by the 2nd respondent
exhibit R2(c) true copy of the letter issued by the
government to the 2nd respondent
exhibit R2(a) true copy of the relevant page of the
service rule of the 2nd respondent
W.P.C NOS.5142,17677
& 26352 OF 2023
..11..
APPENDIX OF WP(C) 26352/2023
PETITIONER EXHIBITS
Exhibit-P1 A COPY OF THE ORDER NO.
265/2022/HEDN, DATED 31-05-2022
Exhibit-P2 TRUE COPY OF THE MINUTES OF BOARD
MEETING OF THE KTDC HELD ON 24-12-
