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2023 Supreme(SC) 801

HIMA KOHLI, RAJESH BINDAL
Prakasan M. P. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant(s) : Mr. A. Raghunath, AOR Mr. Sanand Ramakrishnan, AOR Mr. Rajeev Mishra, Adv. Mr. Madan M. Bora, Adv.
For the Respondent(s): Mr. C. K. Sasi, AOR

JUDGMENT

HIMA KOHLI, J.

1. The appellants, who are members of the teaching faculty in Homeopathic Medical Colleges situated in the respondent No.1 - State of Kerala1[For Short ‘the State’], are aggrieved by the judgement dated 6th August, 2010, passed by the High Court of Kerala, Ernakulam2[ In Writ Appeal No. 1338 of 2010], concurring with the judgement dated 19th July, 2010, passed by the learned Single Judge3[In Writ Petition (Civil) 13537 of 2010]. The relief prayed for by the appellants was for enhancing their age of retirement from 55 years to 60 years by extending the benefit of the Government Order4[For short ‘G.O’] dated 14th January, 20105[G.O.(MS) No.14/2010/H&FWD], which increased the retirement age of Doctors in the Medical category under the Medical Education Service from 55 years to 60 years with retrospective effect from 1st May, 2009. The prayer made was not granted.

THE FACTS :

2. To put the issue raised in the instant case in the correct perspective, we may first refer to the relevant facts. The State issued a Government Order6[G.O. (MS) No. 14/2010/H&FWD] dated 14th January, 2010, recording inter-alia that there was a shortage of qualified and experienced medical f


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