WP(C) NO. 18847 OF 2024 1 2025:KER:29099 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 18847 OF 2024 PETITIONER: NANDAKUMAR K.S AGED 60 YEARS S/O. K. SREEDHARAN PILLAI, MADATHIMYALIL HOUSE, KADUTHURUTHY P.O., KOTTAYAM, PIN - 686604 BY ADVS. LIJI.J.VADAKEDOM ELVIS J. ALEX ATHUL V. VADAKKEDOM RESPONDENTS: 1 HOSPITAL DEVELOPMENT SOCIETY (KOTTAYAM MEDICAL COLLEGE HOSPITAL), GANDHI NAGAR P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY- SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOTTAYAM, PIN - 686008 2 DISTRICT COLLECTOR-KOTTAYAM (CHAIRMAN-MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY), CIVIL STATION P.O., KOTTAYAM, PIN - 686001 3 SUPERINTENDENT MEDICAL COLLEGE HOSPITAL –KOTTAYAM (SECRETARY- HOSPITAL DEVELOPMENT SOCIETY, MEDICAL COLLEGE HOSPITAL), GANDHI NAGAR P.O., KOTTAYAM, PIN - 686008 4 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY HEALTH & FAMILY WELFARE (M) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 PARVATHY KOTTOL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18847 OF 2024 2 2025:KER:29099 JUDGMENT The petitioner, who is working in the 1st respondent, Hospital Development Society, as a Security Staff since 12.06.2013 on contract basis. 2. The petitioner has approached this Court in the present writ petition seeking the following prayers: (i) Issue a writ of mandamus or any other writ, order or direction to the 1st respondent-Society to permit the petitioner to continue in his present employment- (security staff in CVTS Department of 1st respondent Society) till a decision is taken by the 4th respondent in accordance with Exhibit P9 judgment. Or in the alternative; (ii) Issue a writ of mandamus or any other writ order or direction to the 2nd respondent to consider and dispose of Exhibit P3-representation within a stipulated time limit with notice to all concerned. (iii) To dispense with the filing of English translation of vernacular documents produced along with the Writ Petition. (iv) grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice. 3. It appears that the petitioner has submitted a representation before the Chairman of Medical College Hospital for enhancing the age of retirement WP(C) NO. 18847 OF 2024 3 2025:KER:29099 from 60 years to 65 years. However, the said representation has not been considered. 3. 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 60 years to 65 years, and correspondingly Rules are amended, the petitioner has no right to claim enhancement of retirement age from 60 years to 65 years. 4. In view thereof, the present writ petition is disposed of with liberty to the Hospital Development Society to pass a resolution for making a request to the expert committee to examine the case of the employees of the Hospital Development Society for enhancing their age of retirement from 60 years to 65 WP(C) NO. 18847 OF 2024 4 2025:KER:29099 years, and if, the Society 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 Hospital Development Society. With the aforesaid observation, the present writ petition stands finally disposed of. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 18847 OF 2024 5 2025:KER:29099 APPENDIX OF WP(C) 18847/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE ORDER NO.H2/304/13/HDS/MCHG DATED 12.6.2013 ISSUED BY THE 3RD RESPONDENT Exhibit P2 THE COPY OF G.O.(RT). NO2466/2018/H&FWD DATED 2.8.2018 Exhibit P3 THE COPY OF THE REPRESENTATION DATED 10.5.2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT-CHAIRMAN OF MEDICAL COLLEGE HOSPITAL DEVELOPMENT SOCIETY Exhibit P4 THE COPY OF THE COMMUNICATION NO. H2/321/09/HDS/MCHG DATED 14.5.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 THE COPY OF THE LETTER DATED 16.5.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 THE COPY OF THE ORDER IN G.O.(RT). NO. 169/2020/H & FWD DATED 22/1/2020 Exhibit P7 THE COPY OF THE REPLY NO. G4/574056/2023/RTI/MCHC DATED 15/2/2023 ISSUED UNDER THE RTI ACT FROM THE DEPARTMENT FOR MEDICAL EDUCATION, MEDICAL COLLEGE HOSPITAL, KOTTAYAM Exhibit P8 THE COPY OF THE JUDGMENT DATED 29.3.2021 IN W.P.(C) NO. 7068/2021 BEFORE THE HONOURABLE HIGH COURT OF KERALA Exhibit P9 A COPY OF THE JUDGMENT DATED 11.4.2023 IN W.P.(C) 32347 OF 2022 BEFORE THIS HONOURABLE COURT Exhibit P9(a) THE COPY OF THE ORDER DATED 22/12/2023 IN I.A. NO.1/2023 IN WP(C) NO. 32347/2022 BEFORE THIS HONOURABLE COURT Exhibit P9(b) THE COPY OF THE ORDER DATED 12.4.2024 IN I.A. NO. 1/2024 IN WP(C) NO. 32347/2022 BEFORE THIS HONOURABLE COURT Exhibit P10 THE COPY OF THE INTERIM ORDER DATED 6.3.2024 IN WP(C) NO. 8932/2024 BEFORE THIS HONOURABLE COURT Exhibit P11 THE COPY OF THE INTERIM ORDER DATED 8.4.2024 IN WP(C) NO. 8932/2024 BEFORE THIS HONOURABLE COURT