Dismissed

E.a.Vavachan v. State of Kerala

Kerala HC1 Dec 2014WA/1758/2014

Case brief

AI extract

What is this about?

This writ appeal against an interim order concerning the retirement age of petitioners was dismissed. The High Court held that the Single Judge committed no error in subjecting retirement to the outcome of a writ petition and no appellate jurisdiction was required.

What did the court decide?

Writ Appeal dismissed. Interim order modifying the retirement age remains subject to the outcome of the writ petition.

E.a.Vavachan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2014)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN &

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 1ST DAY OF DECEMBER 2014/10TH AGRAHAYANA, 1936

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WA.No. 1758 of 2014 () IN WP(C).28986/2014

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AGAINST THE ORDER IN WP(C) 28986/2014 DATED 05-11-2014

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APPELLANT(S)/PETITIONERS:

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E.A.VAVACHAN

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S/O.AYYAPPAN, ILLIKKAL HOUSE, THOPPIPARA P.O. LEBAKADA, IDUKKI JILLA.

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V.NATARAJAN, PARVATHY, COOLIMUTTAM, POLPULLY P.O. PALAKKAD.

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G.KRISHNAN KUTTY, MANAPPURATH PADITTATHIL HOUSE, PALLARIMANGALAM P.O., MAVELIKKARA.

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RAPHEL.P.S., PAIPPATTU HOUSE, KANJHIKUZHI ROAD, CHELACHUVADU P.O., IDUKKI DISTRICT - 685606.

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K.JONY, S/O.KUNJUKUNJU, KOLLAKKARAN VEEDU, ESM COLONY KULATHUPUZHA P.O., KOLLAM - 691 310.

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BY ADV. SRI.DEEPU THANKAN

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RESPONDENT(S)/RESPONDENTS:

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STATE OF KERALA REP. BY ITS SECRETARY, LABOUR DEPARTMENT GOVT. SECRETARIAT, TRIVANDRUM.

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LABOUR COMMISSIONER, THIRUVANANTHAPURAM - 695 001.

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JOINT LABOUR COMMISSIONER THIRUVANANTHAPURAM.

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WA.No. 1758 of 2014

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-2-

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KERALA LIVE STOCK DEVELOPMENT BOARD LTD, GOKULAM, PATTAM, THIRUVANANTHAPURAM - 695 004 REPRESENTED BY ITS MANAGING DIRECTOR.

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R1-3 BY SPL. GOVERNMENT PLEADER SMT. GIRIJA GOPAL R4 BY SRI. MILLU DANDAPANI

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01-12-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sou.

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ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

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W.A. No. 1758 OF 2014

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- - - - Dated this the 1^st day of December, 2014

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JUDGMENT

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Ashok Bhushan, Ag.C.J.

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This writ appeal has been filed against the interim order dated 05.11.2014 passed by learned Single Judge on a writ petition filed by the appellants. The appellants, who have retired treating their age of superannuation as 58 years, had come up with this writ petition praying for quashing Ext.P8 order which was an order passed by the appellate authority setting aside the order passed by the certifying officer modifying the standing order. The certifying officer has modified the standing order increasing the age of retirement as 60 years in accordance with the Resolution of the Board of Management. The said order has been set aside by the appellate authority, fixing the age of retirement as 58 years.

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In the writ petition the learned Single Judge

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passed an interim order observing that the retirement of the petitioners shall be subject to the outcome of the writ petition. We do not find any error in the interim order passed by learned

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WA No. 1758 of 2014

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-:2:-

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Single Judge observing that the retirement of the petitioners shall be subject to the outcome of the writ petition. No other interim order could have been passed by the learned Single Judge.

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We are of the view that no error has been committed

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by learned Single Judge warranting exercise of appellate jurisdiction by this Court. The Writ Appeal is dismissed.

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Ashok Bhushan, Acting Chief Justice.

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A.M. Shaffique, Judge.

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ttb/01/12

E.a.Vavachan v. State of Kerala

Case brief

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E.a.Vavachan v. State of Kerala

Case brief

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