A writ appeal filed by a clerical employee challenging a judgment that dismissed her petition for retaining service until the age of 58 years. The High Court dismissed the appeal relying on a Division Bench precedent that enhancement of superannuation age requires specific rules.
Writ appeal dismissed; salary paid if any shall not be recovered.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 12TH DAY OF NOVEMBER 2020 / 21ST KARTHIKA, 1942
WA.No.1370 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 8296/2015(J) OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SHEELA.A. UPPER DIVISION CLERK, KERALA STATE WOMEN'S DEVELOPMENT CORPORATION, REGIONAL OFFICE, PALAYAM, THIRUVANANTHAPURAM, PIN-695 001
BY ADV. SRI.RONY JOSE
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 SECRETARY TO THE GOVERNMENT, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
3 THE KERALA STATE WOMEN'S DEVELOPMENT CORPORATION, REPRESENTED BY ITS , MANAGING DIRECTOR, T.C. 20/2170, OPPOSITE MANMOHAN BUNGALOW, KAWDIYAR P.O, THIRUVANANTHAPURAM-695 003
4 MANAGING DIRECTOR, THE KERALA STATE WOMEN'S DEVELOPMENT CORPORATION, REPRESENTED BY ITS, MANAGING DIRECTOR, T.C. 20/2170, OPPOSITE MANMOHAN BUNGALOW, KAWDIYAR P.O, THIRUVANANTHAPURAM-695 003.
SRI. T. RAJASEKHARAN NAIR- SR. G.P. ADV. SUNIL V. MOHAMMED
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1370/2020
2
JUDGMENT
Dated this the 12th day of November 2020
Shaffique, J
This appeal has been filed by the petitioner challenging the judgment dated 29.1.2020 in W.P.(C).No.8296/2015. The petitioner had approached this Court inter alia seeking a declaration that she should be retained in service until the age of 58 years. Learned Single Judge, relying on the Division Bench judgment in State of Kerala & Another v. Kerala Land Development Corporation Employees
Union & Others [(2016 (1) KHC 540 (DB)] dismissed the writ petition.
decision as well along with the judgment in Kerala Land Development Corporation Employees Union (supra) and has formed an opinion that the petitioner is not entitled for continuity in service. In Kerala Land Development Corporation Employees Union (supra), the Division Bench of this Court had distinguished the
W.A.No.1370/2020
3
judgment in Kavirajan (supra) and had laid down that the Court cannot direct enhancement of the age of superannuation in the absence of any rules regarding the same. We don't intend to take a different view than what is taken in Kerala Land Development Corporation Employees Union (supra).
Writ appeal deserves no merit and accordingly the same is dismissed. If the petitioner had already worked in the establishment and if any salary has been paid, we direct that the same shall not be recovered from her.
Sd/-
A.M.SHAFFIQUE
JUDGE
Sd/-
GOPINATH P.
True copy
JUDGE
P.A. To Judge
kp
3 issues framed by the court
Whether an upper division clerk should be retained in service until the age of 58 years.
Whether the age of superannuation can be enhanced in the absence of specific rules.
Whether the petitioner is entitled to continuity in service up to the age of 58 years.
Colour shows how this judgement treated each authority
State of Kerala & Another v. Kerala Land Development Corporation Employees Union & OthersRelied on¶24
State of Kerala & Another v. Kerala Land Development Corporation Employees Union & Others [(2016 (1) KHC 540 (DB)]
Kavirajan v. K.S.B.CDistinguished¶26
Kavirajan v. K.S.B.C (2007 (2) KLT 917)
Kerala Land Development Corporation Employees UnionRelied on¶28
Kerala Land Development Corporation Employees Union
SHEELA.A
STATE OF KERALA
SECRETARY TO THE GOVERNMENT, SOCIAL WELFARE DEPARTMENT
KERALA STATE WOMEN'S DEVELOPMENT CORPORATION
MANAGING DIRECTOR, THE KERALA STATE WOMEN'S DEVELOPMENT CORPORATION
A.M. SHAFFIQUE
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
