2025:KER:30825 WP(C) NO. 14707 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14707 OF 2025 PETITIONER/S: SADANANDAN K.D. AGED 58 YEARS S/O. DIVAKARAN, KOCHUKARIYIL, THAICKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT ( SENIOR ASSISTANT MANAGER (HG), STATE WAREHOUSE, KOTTAYAM), PIN - 688524 BY ADVS. ARAVINDA KUMAR BABU T.K. FARAH JYOTHI PRADEEP GAUTHAM SURESH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE SECRETARY DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS WELFARE, SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM,, PIN - 695001 3 KERALA STATE WAREHOUSING CORPORATION KOCHI, REPRESENTED BY ITS MANAGING DIRECTOR., PIN - 682016 4 THE MANAGER KERALA STATE WAREHOUSING CORPORATION, KOTTAYAM., PIN - 686002 MARY BEENA JOSEPH -SR.GP, SRI.T.K. SAJEEV-SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30825 WP(C) NO. 14707 OF 2025 2 JUDGMENT The petitioner is working as a Senior Assistant Manager (HG) under the Kerala State Ware Housing Corporation (the Corporation for short’) the 3rd respondent. As per the existing service rules of the Corporation, the retirement age of the employees working in the Corporation is 58 years. 2.The learned counsel for the petitioner submits that the Corporation has passed a resolution for enhancing the retirement age of the employees working in the Corporation from 58 to 60 years, subject to the approval granted by the State Government. 3.The learned Senior Government Pleader, however, submits that the Government being conscious of the fact of enhancing the retirement age of the employees working under various public sector undertakings, has constituted a three-member expert committee to examine the individual case of the public sector undertakings / Corporation for enhancing the retirement age from 58 to 60 years and if the resolution has been forwarded to the State Government, the same shall be considered by the expert committee which will recommend the decisions to be taken by the 2025:KER:30825 WP(C) NO. 14707 OF 2025 3 Corporation after the State Government approves the expert committee opinion. 4.The learned Senior Government Pleader submits that it is not known whether the resolution of the Corporation for consideration by the Expert Committee has reached before the Government for consideration or not. 5.As per the extant service rules of the Corporation, the petitioner’s retirement age is 58 years and the petitioner will demit his office on attaining the age of superannuation on 30.04.2025. Unless the service rules are amended, the petitioner has no right to continue beyond the prescribed age of retirement, i.e., 58 years. Therefore, the petitioner cannot seek a writ of mandamus to amend the service rules, which is a policy decision to be taken by the Corporation with prior approval of the Government. This court will not give its opinion regarding the age of retirement of the employees working in the said Corporation; what should be the age of retirement is the policy decision of the Government and the Corporation, and the court has no role to play in the said policy decision. The court is required to see that the 2025:KER:30825 WP(C) NO. 14707 OF 2025 4 employees are treated as per the relevant service rules. 6.The learned counsel for the petitioner, however, submits that the petitioner is not seeking the amendment in the rules, but the petitioner has made the representation for enhancing the age of retirement, and the said representation has not been considered yet. He further submits that the Board / Corporation has passed the resolution, and the Government must consider the resolution for enhancing the retirement age of employees working in the Corporation. The learned counsel for the petitioner, therefore, submits that the State Government may be directed to take an appropriate decision on the resolution of the Corporation for enhancing the age of retirement of the employees working the Corporation from 58 to 60 years. 7.The learned counsel for the Corporation submits that the Board resolution of the Corporation has already been forwarded to the State Government for approval. However, no approval has been granted so far. 8. I have considered the submissions advanced Considering the aforesaid submissions, the present writ 2025:KER:30825 WP(C) NO. 14707 OF 2025 5 petition is disposed of, with direction to the State Government to consider the Board resolution for approval, if it is pending before the Government, expeditiously, preferably within two months. With the aforesaid directions, the present writ petition is disposed of. Sd/- D. K. SINGH JUDGE SJ 2025:KER:30825 WP(C) NO. 14707 OF 2025 6 APPENDIX OF WP(C) 14707/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION PREFERRED BEFORE THE 2ND RESPONDENT BY THE 3RD RESPONDENT DATED 26.11.2019 Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 18.02.2021 ISSUED BY THE LABOUR DEPARTMENT ALONG WITH ITS TRANSLATION Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 12.12.2024 ISSUED BY THE NON RESIDENT KERALITES AFFAIRS DEPARTMENT ALONG WITH ITS TRANSLATION Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER DATED 21.12.2023 ISSUED BY THE INDUSTRIAL DEPARTMENT ALONG WITH TRANSLATION Exhibit P5 TRUE COPY OF THE CIRCULAR DATED 01.03.2025 ISSUED BY THE JOINT MANAGER Exhibit P6 TRUE COPY OF ONE OF THE INTERIM ORDER DATED 29.05.2024 IN W.P(C) 18102/2024