Kerala High Court
B. Sreelatha vs State Of Kerala on 29 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:7017
WP(C) NO. 46124 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
WP(C) NO. 46124 OF 2024
PETITIONER/S:
1 B. SREELATHA
AGED 57 YEARS
W/O. SRI. SURESH BABU, T.C. 6/2201(2), PRASANTH NAGAR,
MEDICAL COLLEGE P.O, TRIVANDRUM, SENIOR MANAGER (SYSTEM),
KERALA SMALL INDUSTRIAL DEVELOPMENT CORPORATION, HOUSING
BOARD BUILDING, SANTHINAGAR, TRIVANDRUM., PIN - 695011
2 PADMACHANDRAN N.S
AGED 57 YEARS
S/O. K. NATARAJAN, FAIR COPY SUPERINTEND, SIDCO, HEAD
OFFICE, TRIVANDRUM, PIN - 695001
3 METTILDA MATHEW
AGED 57 YEARS
D/O. MATHEW CHACKO, EDAPPALLI P.O, CHANDRATHIL ROAD,
COCHIN., PIN - 682024
4 SAJEEV P.K
AGED 57 YEARS
NEDUMPURATHU THETTAYIL ROAD, HOUSE NO. 9, GCDA COLONY,
GANDHI NAGAR COCHI.. ATTENDER, MARKETING REGIONAL OFFICE,
ERNAKULAM., PIN - 682020
5 USHAKUMAR .S
AGED 55 YEARS
D/O. R.P MANIYAN, ATRWA 45, SREEVILASOM, ATTUKAL MANACAUD
P.O, TRIVANDRUM UNSKILLED WORKER GRADE IV KSIDC, PIN -
695009
6 RAJEEV
AGED 54 YEARS
S/O. VASUDEVAN, A. POIKAYIL VEEDU, PALAYMKUNNU, MUTHANA P.O,
VARKALA. SENIOR ACCOUNTANT., PIN - 695146
BY ADV G.S.REGHUNATH
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WP(C) NO. 46124 OF 2024
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RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIAL
DEPARTMENT, THIRUVANANTHAPURAM., PIN - 695001
2 KERALA SMALL INDUSTRIAL DEVELOPMENT CORPORATION (KSIDC)
A GOVERNMENT OF KERALA UNDERTAKING, P.B NO.50, HOUSING BOARD
BUILDING SANTHINAGAR, TRIVANDRUM. REPRESENTED BY ITS
MANAGING DIRECTOR AND CHAIRMAN., PIN - 695001
3 THE MANAGING DIRECTOR
SIDCO, SANTHINAGAR, TRIVANDRUM, PIN - 695001
4 EXPERT COMMITTEE FOR RETIREMENT, AGE FIXATION OF THE
EMPLOYEES OF KSIDC
P.B NO.50, HOUSING BOARD BUILDING SANTHINAGAR, TRIVANDRUM.
REPRESENTED BY ITS CHAIRMAN, PIN - 695001
5 THE ADDITIONAL CHIEF SECRETARY
FINANCE (PRC-C) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
SRI. P.U. SHAILAJAN-SC, MARY BEENA JOSEPH-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 46124 OF 2024
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JUDGMENT
The petitioners are working in Kerala Small Industries
Development Corporation, Thiruvananthapuram. As per the existing
service rules, the retirement age of the employees working in the
SIDCO is 58 years. It appears that the Government has constituted
an expert committee to consider enhancing the age of retirement in
public sector undertakings of the State. The expert committee is
required to consider the case of each public sector undertaking
based on the relevant criteria, including the financial health of that
PSU.
2.The learned counsel for the petitioner submits that the
petitioners have moved an application in Ext.P20 before the expert
committee for enhancing the age of retirement in SIDCO, however
no decision has been taken on the said application till date.
3.Adv. Mary Beena Joseph, the learned Senior Government
Pleader, submits that neither the Government nor the expert
committee has received such representation, and SIDCO has also
not forwarded any proposal for enhancing the age of retirement of
its employees from 58 to 60 years. If SIDCO forwards a proposal,
the expert committee shall consider the said application.
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WP(C) NO. 46124 OF 2024
4.Considering the aforesaid facts that the representation of the
petitioners is not before the expert committee, as SIDCO has not
forwarded any proposal for enhancing the retirement age of its
employees from 58 to 60 years, the present writ petition is disposed
of, with direction to the SIDCO to forward the representation of the
petitioner along with its proposal for enhancing the age of
retirement from 58 to 60 years of its employees working in the
SIDCO, if it considers it expedient in the interest of SIDCO.
5.SIDCO should take the decision to forward the proposal for
enhancing the age of retirement of its employees within a period of
one month from today. If such a proposal is forwarded to the expert
committee, the expert committee should take the considered
decision on the proposal expeditiously, preferably within a period of
two months, after the receipt of the proposal from SIDCO.
With the aforesaid directions and observations, the present
writ petition is disposed of.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NO. 46124 OF 2024
APPENDIX OF WP(C) 46124/2024
PETITIONER EXHIBITS
Exhibit-P4(a) TRANSLATION OF EXHIBIT-P4
Exhibit-P5(a) TRANSLATION OF EXHIBIT-P5
Exhibit-P1 COPY OF ORDER APPOINTING THE 1ST PETITIONER AS
COMPUTER OPERATOR IN KERALA STATE AUDIO-VISUAL
AND REPROGRAPHIC CENTRE (C-APT) IN 2000, DATED
10.10.2000 ORDER NO. KSAVRC/3746/99(4)/(2)
Exhibit-P2 COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT
DATED 10.04.2013, DOCUMENT NO. PER(1)/7012/06
Exhibit-P9(a) TRANSLATION OF EXHIBIT-P9
Exhibit- P5(a) TRANSLATION OF EXHIBIT-P5
Exhibit-P19(a) TRANSLATION OF EXHIBIT-P19
Exhibit-P3 COPY OF GOVERNMENT ORDER NO.G.O.(RT)
NO.437/2011/IND DATED 22.03.2011
Exhibit-P4 COPY OF ORDER NO. G.O.(RT) NO. 1353/2021/ID DATED
13.12.2021
Exhibit-P5 COPY OF THE ENQUIRY REPORT NO. AF2/417/2017/I.D
DATED 25.11.2024
Exhibit-P6 COPY OF THE PROCEEDINGS NO. PER(1)/24/2011-VOL-
II, DATED 08.02.2012
Exhibit-P7 COPY OF THE PROCEEDINGS OF KERALA STATE AUDIO-
VISUAL AND REPROGRAPHIC CENTRE NO.
KSAVRC/6497/2007, DATED 08.06.2007
Exhibit-P8 COPY OF PROCEEDINGS NO. PER(1)/7012/06, DATED
24.06.2010
Exhibit-P9 COPY OF THE PUBLICATION NO. NO.P.E.R(6)/2024.
DATED 01.06.2024
Exhibit-P10 COPY OF ORDER PASSED IN W.P NO. 12147 OF 2024
DATED 11.04.2024
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WP(C) NO. 46124 OF 2024
Exhibit-P11 COPY OF ORDER NO. G.O.(RT) NO. 1323/2011/ID,
DATED 24.10.2011 OF THE GOVERNMENT OF KERALA
Exhibit-P12 COPY OF THE ORDER NO. G.O.(MS) NO. 21/2017/P&EA,
DATED 20.04.2017
Exhibit-P13 COPY OF THE ORDER NO. G.O.(RT) NO. 537/2018/P&EA,
DATED 07.11.2018
Exhibit-P14 COPY OF ORDER NO. G.O.(MS) NO. 402/2017/FIN,
DATED 25.08.2017 CONSTITUTING AN EXPERT COMMITTEE
FOR REVISION OF PAY AND ENHANCEMENT OF RETIREMENT
AGE
Exhibit-P15 COPY OF ORDER NO. G.O.(P) NO. 421/2012/FIN, DATED
28.07.2012
Exhibit-P16 COPY OF ORDER NO. G.O.(RT) NO. 537/2018/P&EA
DATED 07.11.2018
Exhibit-P17 COPY OF NOTIFICATION AND RULES NO. G.O.(P) NO.
535/90/FIN, DATED 25.10.1990
Exhibit-P18 COPY OF OFFICE MEMORANDUM DATED 01.12.2022
Exhibit-P19 COPY OF THE ORDER DATED 04.03.2024
Exhibit-P20 COPY OF THE REPRESENTATION DATED 04.11.2024
