✦ High Court of India · 26 Mar 2025

The High Court · 2025

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Bench
D K SINGH
Length
1,260 words

Order

29.10.2022(Ext.P14). However, the said order was WP(C) NO. 14995 OF 2024 3 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 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 relevant service Rules/Regulations. The petitioner, when entered into service, knew what would be his date of retirement 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

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. AP Sd/- D. K. SINGH JUDGE WP(C) NO. 14995 OF 2024 6 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3(a) Exhibit P3(b) Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 APPENDIX OF WP(C) 14995/2024 TRUE COPY OF THE RELEVANT PORTION OF KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED STAFF REGULATIONS TRUE COPY OF THE AGENDA ITEM NO. E7 FOR THE 306TH BOARD MEETING OF KSIDC TRUE COPY OF THE COMMUNICATION NO. KSIDC/TVM/MD/2017/2294 DATED 16.11.2017 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/608 DATED 20.06.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/957 DATED 24.07.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. TRUE COPY OF G.O.(MS)NO. 108/2014/ID DATED 31.7.2014 ISSUED BY THE INDUSTRIES DEPARTMENT TRUE COPY OF G.O.(RT.)NO. 1323/2011/ID DATED 24.10.2011 OF THE INDUSTRIES (H) DEPARTMENT TRUE COPY OF G.O.(MS)NO. 03/2012/S&T DATED 16.4.2012 OF THE SCIENCE AND TECHNOLOGY DEPARTMENT TRUE COPY OF G.O.(MS)NO. 146/2013/CO-OP. DATED 29.11.2013 OF THE COOPERATION DEPARTMENT. TRUE COPY OF G.O.(MS)NO. 8/2014/H&FWD DATED 4.1.2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT 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 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT TRUE COPY OF G.O.(MS)NO. 745/2014/H.EDN. DATED 29.8.2014 ISSUED BY THE HIGHER EDUCATION DEPARTMENT TRUE COPY OF THE G.O.(P)NO. 469/2014/FIN DATED 31.10.2014 ISSUED BY THE FINANCE DEPARTMENT. TRUE COPY OF G.O.(P)NO. 131/2022/FIN DATED 29.10.2022 ISSUED BY THE FINANCE DEPARTMENT TRUE COPY OF G.O.(P)NO. 135/2022/FIN DATED 04.11.2022 ISSUED BY THE FINANCE DEPARTMENT TRUE COPY OF G.O.(P)NO. 18/2023/P&EA DATED 20.09.2023 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/MDO/2023/2120 DATED 20.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. : TRUE COPY OF COMMUNICATION NO. IND-J3/187/2022- IND DATED 02.12.2023 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 12.03.2024 SUBMITTED BY THE KSIDC EMPLOYEES ASSOCIATION TO THE CHIEF MINISTER. TRUE COPY OF THE REPRESENTATION DATED 25.03.2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT 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 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) Annexure R1(e) 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) 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)

Order

29.10.2022(Ext.P14). However, the said order was WP(C) NO. 14995 OF 2024 3 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 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 relevant service Rules/Regulations. The petitioner, when entered into service, knew what would be his date of retirement 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

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. AP Sd/- D. K. SINGH JUDGE WP(C) NO. 14995 OF 2024 6 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P3(a) Exhibit P3(b) Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 APPENDIX OF WP(C) 14995/2024 TRUE COPY OF THE RELEVANT PORTION OF KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LIMITED STAFF REGULATIONS TRUE COPY OF THE AGENDA ITEM NO. E7 FOR THE 306TH BOARD MEETING OF KSIDC TRUE COPY OF THE COMMUNICATION NO. KSIDC/TVM/MD/2017/2294 DATED 16.11.2017 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/608 DATED 20.06.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/3468/2014/957 DATED 24.07.2014 ADDRESSED TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. TRUE COPY OF G.O.(MS)NO. 108/2014/ID DATED 31.7.2014 ISSUED BY THE INDUSTRIES DEPARTMENT TRUE COPY OF G.O.(RT.)NO. 1323/2011/ID DATED 24.10.2011 OF THE INDUSTRIES (H) DEPARTMENT TRUE COPY OF G.O.(MS)NO. 03/2012/S&T DATED 16.4.2012 OF THE SCIENCE AND TECHNOLOGY DEPARTMENT TRUE COPY OF G.O.(MS)NO. 146/2013/CO-OP. DATED 29.11.2013 OF THE COOPERATION DEPARTMENT. TRUE COPY OF G.O.(MS)NO. 8/2014/H&FWD DATED 4.1.2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT 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 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 Exhibit P21 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT TRUE COPY OF G.O.(MS)NO. 745/2014/H.EDN. DATED 29.8.2014 ISSUED BY THE HIGHER EDUCATION DEPARTMENT TRUE COPY OF THE G.O.(P)NO. 469/2014/FIN DATED 31.10.2014 ISSUED BY THE FINANCE DEPARTMENT. TRUE COPY OF G.O.(P)NO. 131/2022/FIN DATED 29.10.2022 ISSUED BY THE FINANCE DEPARTMENT TRUE COPY OF G.O.(P)NO. 135/2022/FIN DATED 04.11.2022 ISSUED BY THE FINANCE DEPARTMENT TRUE COPY OF G.O.(P)NO. 18/2023/P&EA DATED 20.09.2023 ISSUED BY THE PLANNING & ECONOMIC AFFAIRS DEPARTMENT TRUE COPY OF COMMUNICATION NO. KSIDC/TVM/MDO/2023/2120 DATED 20.10.2023 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. : TRUE COPY OF COMMUNICATION NO. IND-J3/187/2022- IND DATED 02.12.2023 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. TRUE COPY OF THE REPRESENTATION DATED 12.03.2024 SUBMITTED BY THE KSIDC EMPLOYEES ASSOCIATION TO THE CHIEF MINISTER. TRUE COPY OF THE REPRESENTATION DATED 25.03.2024 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT 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 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) Annexure R1(e) 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) 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)

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