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2007 Supreme(Ker) 425

K.BALAKRISHNAN NAIR
M. Valsakumari, Office Superintendent – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The common question, which arises for decision in these Writ Petitions is whether a Rule made by Hon. the Chief Justice of Kerala, enhancing the retirement age of the employees of the High Court is valid or not, in the absence of approval of the Governor. Therefore, they are heard together and disposed of by this common Judgment.

2. The petitioners in this Writ Petition are employees of the High Court. They attained the age of 55 years, on various dates after 01.01.2007. The retirement age under the Kerala High Court Service Rules, 1970, which was in force upto 31.12.2006, was 55 years. But, as per Rule 37(1) of the Kerala High Court Service Rules, 2007, the age of retirement of the employees is 58 years with effect from 01.01.2007. Therefore, they are allowed to continue in service. But, when their salary bills were presented, they were not honoured by the Treasury Officer. The Government refused to issue instructions to the Accountant General and the Treasury Officer for honouring the bills and therefore, the petitioners are not able to draw their salary. So, they were constrained to approach this Court.

3. Ext.P1 is the relevant portion of the Kerala High Court Service
































































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