JUDGMENT

A.M. Khanwilkar, J.

1. The appellant Association has assailed the judgment and order dated 7th March, 2008 passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No.514 of 2008, whereby the High Court rejected the claim for grant of parity to Assistant Public Prosecutors, in the matter of retirement age, with Public Prosecutors in the State.

2. According to the appellant, Assistant Public Prosecutors are appointed to the Magistrate Court to conduct prosecutions as per Section 25 of the Code of Criminal Procedure (for short “the Code”). The Public Prosecutors are also appointed to conduct prosecutions in the Sessions Court under Section 24 of the Code. The nature of duties, functions and powers of both Assistant Public Prosecutors and Public Prosecutors are similar. The maximum age for appointment of Public Prosecutors, for a term of 3 years, is 60 years; whereas the age of retirement of Assistant Public Prosecutors appointed prior to 31st March, 2013 is 56 years. It is stated that even the age of superannuation of judicial officers in the State of Kerala is 60 years. The Public Prosecutors as well as the Assistant Public Prosecutors act as off