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S. V. BHATTI, BASANT BALAJI
Kerala State Beverages (Manufacturing And Marketing Corporation Limited) – Appellant
Versus
Jayan John – Respondent
JUDGMENT :
S.V. Bhatti, J.
The appellant is Kerala State Beverages (Manufacturing & Marketing) Corporation Limited, represented by its Managing Director/respondent no.2 in the batch of writ petitions. The appeals arise from the common judgment dated 10.04.2015 in W.P.(C) Nos.12990/2012, 627/2013, 16602/2013 and 22555/2013. The party respondents in the writ appeal were the employees of the appellant and were retired from service on attaining the age of 55 years. For convenience and consistency, the parties are referred to as Beverages Corporation, State Government and (retired) employees.
2. The parties admit the circumstances preceding the present litigation. The current round of litigation is a sequel to the earlier litigation involving the Beverages Corporation, the State Government, and the Employees of the Corporation. Therefore, it is helpful to refer to the following circumstances leading to the filing of W.P.(C) Nos.12990/2012, 627/2013, 16602/2013 and 22555/2013 in this Court by the employees claiming continuation in service till attaining the age of superannuation of 58 years as per the Resolution of the Board dated 27.05.2005 of the Beverages Corporation.
2.1 The Beverages Co
Denial or declaratory relief to only one segment of employees would be a violation of Article 14 of Constitution of India.
Denial or declaratory relief to only one segment of employees would be a violation of Article 14 of Constitution of India.
Employees retained on deputation are entitled to salary arrears through the age of 60, per government retirement policies, even if premature retirement occurred.
The enhancement of retirement age is a policy decision of the government, and employees cannot claim a right to continue in service pending such a decision.
The enhancement of retirement age is a policy decision of the government, not a right of employees, and cannot be mandated by the court.
The court upheld the retirement age of 60 for employees of a public sector undertaking, declaring attempts to roll back this age unauthorized without Cabinet approval.
The court affirmed that all Class-IV employees must retire at 60 years, rejecting arbitrary distinctions based on engagement dates as discriminatory under Article 14.
The main legal point established in the judgment is that employees of the Orissa Water Supply and Sewerage Board, being governed by the rules and regulations applicable to State Government employees,....
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