Kerala High Court
P.Sasidharan Nair vs The Kerala State Council For Child ... on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
W.P.(C) NO.18722 OF 2024
PETITIONERS:
1 P.SASIDHARAN NAIR, AGED 58 YEARS,
S/O. G.PARAMESHWARAN NAIR, PROGRAM OFFICER,
KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD,
THIRUVANANTHAPURAM, 695 014, RESIDING AT LALITHA
VILASOM, TC 49/100, THIRUVANANTHAPURAM, PIN - 695 012
2 S.PADMAKUMAR, AGED 58 YEARS,
S/O. S.SADASHIVAN NAIR, ATTENDER, KERALA STATE COUNCIL
FOR CHILD WELFARE, THYCAUD,
THIRUVANANTHAPURAM-695 014, RESIDING AT
MELEPIRIVILLAKATH VEEDU, MENILAM, THIRUVALLAM POST,
THIRUVANANTHAPURAM, PIN - 695 027
BY ADVS.
A.MUHAMMED MUSTHAFA
M.P.SREEKRISHNAN
RESPONDENTS:
1 THE KERALA STATE COUNCIL FOR CHILD WELFARE,
THYCAUD, THIRUVANANTHAPURAM, [email protected],
REPRESENTED BY ITS GENERAL SECRETARY, PIN - 695 014
2 THE EXECUTIVE COMMITTEE,
REPRESENTED BY PRESIDENT, THE KERALA STATE COUNCIL FOR
CHILD WELFARE, THYCAUD, THIRUVANANTHAPURAM,
[email protected], PIN - 695 014
3 THE STANDING COMMITTEE,
REPRESENTED BY 2ND VICE PRESIDENT, THE KERALA STATE
COUNCIL FOR CHILD WELFARE, THYCAUD,
THIRUVANANTHAPURAM, [email protected],
PIN - 695 014
4 THE GENERAL SECRETARY
THE KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD,
2
WPC. 18722 /2024
THIRUVANANTHAPURAM, [email protected],
PIN - 695014
5 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
SOCIAL JUSTICE, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001
SMT. ANIMA. M, GOVERNMENT PLEADER
SMT. M.U VIJAYALAKSHMI, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. 18722 /2024
JUDGMENT
(Dated: 28th May, 2024)
The petitioners are serving employment of the 1st
respondent. They are to superannuate on 31.05.2024. They have
approached this court for the following reliefs:
i.Issue a writ in the nature of mandamus directing the
respondents 1-4 to consider and take a decision on Ext.P10
and P11 expeditiously,
ii.Declare that superannuation of the petitioners would be
subject to the decision taken in Ext.P10 and P11 by the
respondents as in the case of Ext.P8 judgment of this
Hon'ble Court,
iii.Direct the respondents 1-4 to permit the petitioners in
service till a decision on the proposal of enhancement of
age of superannuation is taken by respondents 1-4 without
any break in service..
iv.Dispense with the requirement of producing translation of
the vernacular documents, and
v.Issu any other direction or order which may be found just
and necessary in the facts and circumstances of the case.
2. The case projected by the petitioners in this writ petition is
that the 5th respondent has enhanced the age of superannuation of
different PSUs and Boards from 58 to 60, and therefore, the
petitioners working under the 1st respondent are also entitled to
similar treatment. They have produced Exts.P5 to P9 to prove the
same.
3. Smt.M.U.Vijayalakshmi, learned standing counsel
appearing for respondents 1 and 4, opposes the prayer of the
petitioners and submitted that no decision has been taken by the
Executive Committee of the 1st respondent for enhancement of the
age of the employees. It is also submitted that Exts.P10 and P11
representations are filed before the 4th respondent, who is not the
competent authority to take a policy decision regarding the
enhancement of the age of the employees under the 1st respondent;
at the most, it can only be done by the 2nd respondent.
4. The counsel for the petitioners prays that this Court may
direct the 4th respondent to place Exts.P10 and P11 before the 2nd
respondent and direct the 2nd respondent to dispose of the
representations within a time frame.
Though the counsel for the 1st and 4th respondents opposes the
prayer since the limited relief is only for disposal of the
representations, I direct the 4th respondent to place Exts.P10 and P11
before the 2nd respondent, and the 2nd respondent is directed to
decide on the representations within two months from the date of
receipt of a copy of the judgment.
Sd/-
BASANT BALAJI,
JUDGE
ss
APPENDIX OF WP(C) 18722/2024
PETITIONER EXHIBITS
Exhibit P1(a) A TRUE COPY OF THE APPOINTMENT ORDER
30.11.2001 ISSUED BY THE 1ST RESPONDENT IN
FAVOUR OF THE 1ST PETITIONER
Exhibit P1(b) A TRUE COPY OF THE ORDER DATED 03.12.2001
RELIEVING THE 1ST PETITIONER FROM THE CENTRE
FOR ADVANCED PRINTING AND TRAINING (C-APT)
Exhibit P1(c) A TRUE COPY OF THE ORDER DATED 08.02.2007
ISSUED BY THE 4TH RESPONDENT TO THE 1ST
PETITIONER
Exhibit P1(d) A TRUE COPY OF THE ORDER DATED 07.02.2014
ISSUED 1ST RESPONDENT IN FAVOUR OF THE 1ST
PETITIONER
Exhibit P2(a) A TRUE COPY OF THE ORDER DATED 26.05.2003
APPOINTING THE 2ND PETITIONER IN THE POST OF
PEON AT THE KERALA STATE CHILD WELFARE
COUNCIL
Exhibit P2(b) A TRUE COPY OF THE ORDER DATED 02.04.2004
REFIXING THE SALARY OF THE 2ND PETITIONER
Exhibit P3 A TRUE COPY OF THE BYE LAW OF THE KERALA
STATE COUNCIL FOR CHILD WELFARE
Exhibit P4 A TRUE COPY OF THE SERVICE RULES OF EMPLOYEES
FORMULATED BY THE 1ST RESPONDENT
Exhibit P5 A TRUE COPY OF THE ORDER, DATED 31.05.2022
ISSUED BY THE GOVERNMENT OF KERALA ALONG WITH
TRUE TYPED LEGIBLE COPY
Exhibit P6 A TRUE COPY OF THE ORDER DATED 31.10.2023
ENHANCING THE RETIREMENT AGE OF THE EMPLOYEES
COVERED UNDER THE CRECHES SCHEME
Exhibit P7 A TRUE COPY OF THE ORDER DATED 21.12.2023
ENHANCING THE RETIREMENT AGE OF THE EMPLOYEES
UNDER THE KERALA KAYAR THOZHILALI KSHEMA
NIDHI BOARD, COMING UNDER THE INDUSTRIES
DEPARTMENT
Exhibit P8 A TRUE COPY OF THE JUDGMENT DATED 11.01.2013
IN WP(C) 13660 OF 2007
Exhibit P9 A TRUE COPY OF THE JUDGMENT DATED 30.03.2016
IN WP(C) 12123 OF 2016
Exhibit P10 A TRUE COPY OF THE REQUEST DATED 09.05.2024
FILED BY THE 1ST PETITIONER BEFORE THE
RESPONDENTS
Exhibit P11 A TRUE COPY OF THE REQUEST DATED 10.05.2024
FILED BY THE 2ND PETITIONER BEFORE THE
RESPONDENTS
Exhibit P12 A TRUE COPY OF THE INTERIM ORDER DATED
10.10.2018 IN WP(C) 33022 OF 2018
