Ashraf P.P vs State Of Kerala
2023 Latest Caselaw 4242 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                    WP(C) NO. 11467 OF 2023
PETITIONER:

         ASHRAF P.P.
         AGED 58 YEARS
         S/O. HYDROS KUTTY,PUTHANPURAYIL,
         PUTHIYURITHI, PALAPPETTY P.O.,
         MALAPPURAM DISTRICT, PIN - 679579

         BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF FISHERIES, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001
    2    KERALA FISHERMEN'S WELFARE FUND BOARD,
         (MATSYA BOARD) AYYAPPA NAGAR,
         POOMKUNNAM, THRISSUR DISTRICT,PIN - 680002
         REPRESENTED BY ITS COMMISSIONER.
    3    THE COMMISSIONER,
         KERALA FISHERMEN'S WELFARE FUND BOARD,
         (MATSYA BOARD) AYYAPPA NAGAR, POOMKUNNAM,
         THRISSUR DISTRICT, PIN - 680002

         SMT.K.G. SAROJINI, GP

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 31.03.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11467 of 2023



                               2




                            JUDGMENT

Dated this the 31st day of March, 2023

The petitioner is working as Junior Executive at Matsya

Board, Thrissur. According to the petitioner, retirement age of

the employees under the 2nd respondent-Kerala Fishermen's

Welfare Fund Board is fixed as 58 years.

2. The grievance of the petitioner is that in respect of

other Departments like the Centre for Advanced Printing and

Training (C-Apt), the retirement age has been enhanced to 60

years recently. The petitioner is also entitled to get similar

treatment, contends the petitioner. The petitioner is to retire

on 31.03.2023. Unless urgent interim orders are passed in

this writ petition, the petitioner will be put to untold hardship

and loss.

WP(C) No.11467 of 2023

3. The petitioner has submitted Ext.P3 representation

before the 3rd respondent-Commissioner of the Kerala

Fishermen's Welfare Fund Board. The 3rd respondent may be

directed to consider Ext.P3 representation and permit the

petitioner to continue in service till final decision is taken on

Ext.P3 representation, urged the counsel for the petitioner.

4. I have heard the learned counsel for the petitioner.

5. Admittedly, the retirement age fixed for employees

of the 2nd respondent-Board as on today is 58 years as per

Ext.P1. According to the petitioner, the retirement age of the

Centre for Advanced Printing and Training, which is a similarly

situated institution, has been enhanced to 60 years recently.

The petitioner is also entitled to similar treatment, contends

the petitioner.

6. Fixing the age of retirement in any institution is a

policy matter to be decided by the said institution, taking into

consideration the various requirements of the Institution. The WP(C) No.11467 of 2023

employees cannot insist that the retirement age should be

enhanced to 60 years. As long as the retirement age of the

employees of the 2nd respondent-Board remains as 58 years,

the petitioner cannot aspire to serve beyond the said period.

I find no merit in the writ petition. The writ petition is

accordingly dismissed.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.11467 of 2023

APPENDIX OF WP(C) 11467/2023

PETITIONER EXHIBITS Exhibit-P1 THE TRUE COPY OF THE GOVERNMENT ORDER (KEY) NO.62/11 ISSUED BY THE FISHERIES

- PORT (A) DEPARTMENT DATED 18.6.2011 Exhibit-P2 THE TRUE COPY OF THE REPORT PUBLISHED IN THE TIMES OF INDIA DATED 3.6.2022 Exhibit-P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 29.10.2022