Kerala High Court
Jayasree P vs State Of Kerala on 26 August, 2025
WA Nos.1986/2025, 1972/2025
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2025:KER:64552
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WA NO. 1986 OF 2025
AGAINST THE JUDGMENT DATED 19.05.2025 IN WP(C) NO.18003 OF 2025 OF HIGH
COURT OF KERALA
APPELLANT/S:
PETER P.P.,
AGED 57 YEARS
S/O. PAUL P.P., PAYYAPPILLY HOUSE, ASOKAPURAM, ALUVA, KERALA,
PRESENTLY WORKING AS THE JOINT MANAGER (MARKETING MANAGER),
EMPLOYEE CODE 806, STATE WAREHOUSING CORPORATION, HEAD OFFICE,
WAREHOUSING CORPORATION ROAD, ERNAKULAM, KERALA, PIN - 683101
BY ADVS.
SRI.V.K.SATHYANATHAN
SHRI.VINOD K.C.
SMT.K.R.RENJU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE SECRETARY,
DEPARTMENT OF AGRICULTURAL DEVELOPMENT AND FARMERS WELFARE,
SECRETARIAT (ANNEX LL), THIRUVANANTHAPURAM, PIN - 695001
WA Nos.1986/2025, 1972/2025
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3 KERALA STATE WAREHOUSING CORPORATION, KOCHI,
REPRESENTED BY ITS MANAGING DIRECTOR, STATE WAREHOUSING
CORPORATION, HEAD OFFICE, WAREHOUSING CORPORATION ROAD,
ERNAKULAM, KERALA, PIN - 682016
BY SRI SUNILKUMAR KURIAKOSE, GP
SRI T.K. SAJEEV SC
THIS WRIT APPEAL HAVING COME RESERVED ON 21.08.2025, ALONG WITH
WA.1972/2025, THE COURT ON 26.08.2025 DELIVERED THE FOLLOWING:
WA Nos.1986/2025, 1972/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 26TH DAY OF AUGUST 2025 / 4TH BHADRA, 1947
WA NO. 1972 OF 2025
AGAINST THE JUDGMENT DATED 19.05.2025 IN WP(C) NO.18007 OF 2025 OF HIGH
COURT OF KERALA
APPELLANT/S:
JAYASREE P.,
AGED 57 YEARS
W/O. S. RAJAGOPALAN NAIR, THOPPIL HOUSE, SANATHANAM WARD,
ALAPPUZHA, KERALA, PRESENTLY WORKING AS SENIOR ASSISTANT,
EMPLOYEE CODE 516, STATE WAREHOUSING CORPORATION, REGIONAL OFFICE,
ALAPPUZHA, KERALA, PIN - 688001
BY ADVS.
SRI.V.K.SATHYANATHAN
SHRI.VINOD K.C.
SMT.K.R.RENJU
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY,
DEPARTMENT OF AGRICULTURAL DEVELOPMENT AND FARMERS WELFARE,
SECRETARIAT (ANNEX LI), THIRUVANANTHAPURAM, PIN - 695001
WA Nos.1986/2025, 1972/2025
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3 KERALA STATE WAREHOUSING CORPORATION, KOCHI,
REPRESENTED BY ITS MANAGING DIRECTOR, STATE WAREHOUSING
CORPORATION, HEAD OFFICE, WAREHOUSING CORPORATION ROAD,
ERNAKULAM, KERALA, PIN - 682016
4 THE REGIONAL MANAGER,
KERALA STATE WAREHOUSING CORPORATION, REGIONAL OFFICE, ALAPPUZHA,
KERALA, PIN - 688007
BY SRI SUNILKUMAR KURIAKOSE, GP
SRI T.K. SAJEEV SC
THIS WRIT APPEAL HAVING RESERVED ON 21.08.2025, ALONG WITH WA.1986/2025, THE
COURT ON 26.08.2025 DELIVERED THE FOLLOWING:
WA Nos.1986/2025, 1972/2025
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JUDGMENT
[WA Nos.1986/2025, 1972/2025]
Sushrut Arvind Dharmadhikari, J.
Heard C.M. Appln No.1 of 2025 in both cases for condonation of
delay. The appeals have been filed with a delay of 49 days. Having
perused the reasons stated in the affidavit filed in support of the
applications to condone the delay, we are satisfied that sufficient cause
has been made out to condone the delay. Hence, delay is condoned,
and the appeals are heard finally.
1.1 Since the circumstances preceding the filing of the
respective cases are similar, we dispose of these appeals by this
common judgment.
2. The present intra-Court Appeals under Section 5 of the
Kerala High Court Act 1958 assails the common judgment dated
19.05.2025 passed in W.P.(C) Nos. 18003 and 18007 of 2025, whereby the
learned Single Judge has dismissed the writ petitions.
3. The appellants, in both the appeals, are employees of the
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Kerala State Warehousing Corporation and had sought the relief to
continue in service after 30.05.2025, which is their date of
superannuation based on the present Rule. As per the Rules, the
retirement age is fixed at 58 years. The issue with regard to the
enhancement of retirement age from 58 to 60 is pending consideration
of the State Government. Therefore, the appellants had prayed to
permit them to continue till a decision is taken.
4. The learned Single Judge disposed of the writ petitions by
relying on the judgment dated 08.04.2025 passed in W.P.(C)
No.14707/2025, which was disposed of with a direction to the State
Government to consider the resolution passed by the Board of
Directors of the Kerala State Warehousing Corporation, which was
pending approval.
5. On the other hand, the learned Government Pleader
opposed the prayer and submitted that the appellants have not sought
any amendment to the Rules; rather, due to the pendency of the
proposal, they wish to continue in service up to the age of 60 years. No
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interference can be made in the judgment passed by the learned Single
and the Writ Appeals deserve to be dismissed.
6. Heard Mr Sathyanathan V K learned Counsel for the
appellants, Mr Sunilkumar Kuriakose, learned Government Pleader for
Respondent Nos.1 and 2. and Mr T.K. Sajeev, learned Standing Counsel
for the Kerala State Warehousing Corporation.
7. The issue which crops up for consideration is whether the
employees can claim, as a matter of right, the benefit of the proposed
enhancement of the retirement age, which is still under consideration
by the Government. A similar issue came up before a coordinate Bench
of this Court in the case of State of Kerala v. Dr. Jyothish Kumar V.
[2025 KHC OnLine 161], where the Division Bench held that
enhancement of retirement age is a policy decision of the Government.
By invoking the extraordinary jurisdiction of the High Court under
Article 226 of the Constitution of India, as a matter of right, an
employee cannot seek a direction against the Government to take a
policy decision in a particular manner. Similarly, the law which was in
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force on the date of retirement would apply to the employees.
8. The learned Single Judge has already disposed of the writ
petitions by directing the State Government to consider the Board's
Resolution regarding the enhancement of retirement age.
9. At this stage, it is submitted at the Bar that the proposal has
been pending since 2019, and despite the passage of seven years and
repeated directions from this Court in numerous cases/petitions, the
Government is yet to take a decision.
10. In view of the aforementioned, we are of the considered
opinion that enhancement of retirement age is a policy decision, and
we do not wish to interfere with the findings of the learned Single
Judge. However, we direct the State Government to decide on the
Board's Resolution within a time-bound period.
11. Accordingly, the first respondent/State is directed to take
a decision regarding the enhancement of the retirement age from 58 to
60 for the employees of the Kerala State Warehousing Corporation as
expeditiously as possible, preferably within three months from the date
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of receipt of a certified copy of this judgment. We make it clear that we
have not expressed any opinion on the merits of the case.
Hence, the Writ Appeals stand disposed of. All Interlocutory
Applications as regards interim matters stand closed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
jjj
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PETITIONER ANNEXURES
Annexure-A1 A COPY OF THE G.O.(MS)NO.34/AHD/2025
THIRUVANANTHAPURAM DATED 19-7-2025 ALONG WITH
TRANSLATION.
Annexure-A2 A COPY OF THE COMMON JUDGEMENT DATED 3-7-2025 IN W.P
(C) NO. 46500/2024 AND W.P (C) NO. 46330/2024 OF THIS
HONOURABLE COURT.
WA Nos.1986/2025, 1972/2025
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PETITIONER ANNEXURES
Annexure-A1 A COPY OF THE G.O.(MS)NO.34/AHD/2025
THIRUVANANTHAPURAM DATED 19-7-2025 ALONG WITH
TRANSLATION.
Annexure-A2 A COPY OF THE COMMON JUDGEMENT DATED 3-7-2025 IN W.P
(C) NO. 46500/2024 AND W.P (C) NO. 46330/2024 OF THIS
HONOURABLE HIGH COURT.
