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2025 DAILYLAW 8323 (KER)

K.C. ASOKAN v. STATE OF KERALA

WP(C)/14995/2024 · 2025-03-26

D K Singh

Writ Petition (Civil)body2025

Judgment text

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WP(C) NO. 14995 OF 2024 1 2025:KER:26765 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 14995 OF 2024 PETITIONER: K.C. ASOKAN AGED 57 YEARS S/O. K.V. CHELLAPPAN, SENIOR SUPERINTENDENT, KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, KESTON ROAD, OPPOSITE TO RAJ BHAVAN, KOWDIAR, THIRUVANANTHAPURAM – 695 003, RESIDING AT K-45, SMRUTHI LANE, KOCHAR ROAD, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, PIN - 695010 BY ADV S.VISHNU RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (J) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, KESTON ROAD, OPPOSITE TO RAJ BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 895003 3 THE MANAGING DIRECTOR KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED, KESTON ROAD, OPPOSITE TO RAJ BHAVAN, KOWDIAR, THIRUVANANTHAPURAM, PIN - 695003 BY ADV P.U.SHAILAJAN ADV.BIMAL K.NATH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14995 OF 2024 2 2025:KER:26765 JUDGMENT Dated this the 26th day of March, 2025 The petitioner demitted office on 30.04.2024 from the post of Senior Superintendent in the Kerala State Industrial Development Corporation ( for short ‘KSIDC’) after rendering 31 years of service. The service conditions of the employees of the KSIDC are governed by the Kerala State Industrial Development Corporation Limited Staff Regulations. As per the said Regulations, the retirement age of the employees working in the KSIDC is 58 years. 2. It appears that the Government considered the case of enhancement of the retirement age of the employees working with the Kerala State Public Sector Undertakings and a decision was taken to enhance the age of retirement from 58 years to 60 years vide Government Order dated 29.10.2022(Ext.P14). However, the said order was WP(C) NO. 14995 OF 2024 3 2025:KER:26765 recalled after a week, and the Government decided that it would consider the case of individual PSU for enhancement of retirement age from 58 years to 60 years if the request were made by the concerned PSU in the prescribed format before the expert committee constituted for the said purposes. 3. It appears that the employees union of KSIDC has submitted a request directly to the Managing Director of KSIDC for enhancing the age of retirement from 58 years to 60 years and the Managing Director forwarded the request to the Government. The Government has rejected the said request vide order dated 02.12.2023, stating that the request for enhancement of retirement age of the employees working with the KSIDC from 58 years to 60 Yeats cannot be considered at this point of time. 4. The learned counsel appearing for KSIDC submits that the Board has not taken any decision to WP(C) NO. 14995 OF 2024 4 2025:KER:26765 submit a request for enhancement of the retirement age from 58 years to 60 years of the employees working in the KSIDC and as and when the Board of KSIDC takes a decision to make a request, the required resolution shall be passed by the Board of Directors to that effect and the request shall be submitted before the expert committee in the prescribed format. 5. What should be the retirement age of the employees working in the Government or Public Sector Undertaking is a policy decision reflected in the relevant service Rules/Regulations. The petitioner, when entered into service, knew what would be his date of retirement from the employment. Unless the policy decision is taken to enhance the retirement age from 58 years to 60 years, and correspondingly Rules are amended, the petitioner has no right to claim enhancement of retirement age from 58 years to 60 years. WP(C) NO. 14995 OF 2024 5 2025:KER:26765 6. In view thereof, the present writ petition is disposed of with liberty to the KSIDC to pass a resolution for making a request to the expert committee to examine the case of the employees of the KSIDC for enhancing their age of retirement from 58 years to 60 years, and if, the Board of the KSIDC takes such a decision and pass the resolution and forward the request to the expert committee constituted for the said purposes, the committee shall examine the case as per the required parameters and communicate its decision to the KSIDC. With the aforesaid observation, the present writ petition stands finally disposed of. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 14995 OF 2024 6 2025:KER:26765 APPENDIX OF WP(C) 14995/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED STAFF REGULATIONS Exhibit P2 TRUE COPY OF THE AGENDA ITEM NO. E7 FOR THE 306TH BOARD MEETING OF KSIDC Exhibit P3 TRUE COPY OF THE COMMUNICATION NO. KSIDC/TVM/MD/2017/2294 DATED 16.11.2017 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT Exhibit P3(a) TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/608 DATED 20.06.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. Exhibit P3(b) TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/957 DATED 24.07.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. Exhibit P4 TRUE COPY OF G.O.(MS)NO. 108/2014/ID DATED 31.7.2014 ISSUED BY THE INDUSTRIES DEPARTMENT Exhibit P5 TRUE COPY OF G.O.(RT.)NO. 1323/2011/ID DATED 24.10.2011 OF THE INDUSTRIES (H) DEPARTMENT Exhibit P6 TRUE COPY OF G.O.(MS)NO. 03/2012/S&T DATED 16.4.2012 OF THE SCIENCE AND TECHNOLOGY DEPARTMENT Exhibit P7 TRUE COPY OF G.O.(MS)NO. 146/2013/CO-OP. DATED 29.11.2013 OF THE COOPERATION DEPARTMENT. Exhibit P8 TRUE COPY OF G.O.(MS)NO. 8/2014/H&FWD DATED 4.1.2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT Exhibit P9 TRUE COPY OF G.O.(MS)NO. 131/2014/H&FWD DATED 30.4.2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT Exhibit P10 TRUE COPY OF G.O.(MS)NO. 160/2014/H&FWD DATED 30.5.2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT Exhibit P11 TRUE COPY OF G.O.(MS)NO. 29/14/PLG DATED 8.7.2014 WP(C) NO. 14995 OF 2024 7 2025:KER:26765 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT Exhibit P12 TRUE COPY OF G.O.(MS)NO. 745/2014/H.EDN. DATED 29.8.2014 ISSUED BY THE HIGHER EDUCATION DEPARTMENT Exhibit P13 TRUE COPY OF THE G.O.(P)NO. 469/2014/FIN DATED 31.10.2014 ISSUED BY THE FINANCE DEPARTMENT. Exhibit P14 TRUE COPY OF G.O.(P)NO. 131/2022/FIN DATED 29.10.2022 ISSUED BY THE FINANCE DEPARTMENT Exhibit P15 TRUE COPY OF G.O.(P)NO. 135/2022/FIN DATED 04.11.2022 ISSUED BY THE FINANCE DEPARTMENT Exhibit P16 TRUE COPY OF G.O.(P)NO. 18/2023/P&EA DATED 20.09.2023 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT Exhibit P17 TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/MDO/2023/2120 DATED 20.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. Exhibit P18 : TRUE COPY OF COMMUNICATION NO. IND-J3/187/2022- IND DATED 02.12.2023 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. Exhibit P19 TRUE COPY OF THE REPRESENTATION DATED 12.03.2024 SUBMITTED BY THE KSIDC EMPLOYEES ASSOCIATION TO THE CHIEF MINISTER. Exhibit P20 TRUE COPY OF THE REPRESENTATION DATED 25.03.2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT Exhibit P21 TRUE COPY OF THE INTERIM ORDER DATED 16.12.2014 IN W.P.(C)NO. 18668 OF 2014 AND W.P.(C)NO. 25184 OF 2014 OF THIS HON’BLE COURT. Exhibit P22 TRUE COPY OF THE ORDER DATED 11.02.2015 IN R.P.NO. 42 OF 2015 OF THIS HON’BLE COURT. RESPONDENT ANNEXURES Annexure R1(a) True copy of the GO(Ms)No.402/17/Fin dated 25-08- 2017 Annexure R1(d) True copy of the Letter No.J3/187/2022/IND dated 02-12-2023 WP(C) NO. 14995 OF 2024 8 2025:KER:26765 Annexure R1(f) True copy of the Order dated 25-07-2022 of Honourable Supreme Court record proceedings Annexure R1(b) True copy of the GO(p)No.131/2022/FIN dated 29- 10-2022 Annexure R1(c) True copy of the GO(p)No.135/2022/FIN dated 04- 11-2022(True copy of translation copy of Annexure R1(c) is attached) Annexure R1(e) True copy of the Letter No.J3/187/2022/IND dated 28-06-2024(True copy of translation copy of Annexure R1(e) is attached)