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2023 Supreme(Ker) 325

A. MUHAMED MUSTAQUE, SOPHY THOMAS
Ajith Kumar V. S. – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.JAJU BABU (SR.), M.U.VIJAYALAKSHMI, BRIJESH MOHAN, D.SREEKUMAR (KALAMASSERY), SACHIN RAMESH, K.M.FATHIMA
For the Respondent: MOHAMMED SHAN S., SONIYA K.S., AKHIL R. AKHIL, UNNIKRISHNAN M.J., MIDHUN VARGHESE PAUL, MUHAMMED LIJAS, SHEMI S., SHEMEER P.A., JIJOMON K.J., V.N. RADHIKA DEVI, SUNIL JACOB JOSE, S.P.ARAVINDAKSHAN PILLAY, K.P.SATHEESAN (SR.), N.SANTHA, .VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA, L.ANNAPOORNA, VISHNU V.K., ABHIRAMI K. UDAY, P.MOHANDAS (ERNAKULAM), K.SUDHINKUMAR, SABU PULLAN, GOKUL D. SUDHAKARAN, R.BHASKARA KRISHNAN, SHRI.T.B.HOOD, SPL.G.P. TO A.G.

JUDGMENT :

A.Muhamed Mustaque, J.

On 25.10.2022, the Registrar General of the High Court of Kerala forwarded the proposal of the Hon'ble the Chief Justice of High Court of Kerala for enhancement of age of superannuation of the members of the staff of the High court from 56 to 58 years. This proposal was mooted pursuant to the High level meeting between the Hon'ble Chief Justice and Hon'ble the Chief Minister held on 24.9.2022 wherein while considering many other matters, the Hon'ble Chief Minister expressed willingness to consider the proposal for enhancement of age with an open mind. The High Court forwarded the proposal along with the sub committee report. The sub-committee consisted of three judges of this Court. After adverting to many inputs and factors, the committee suggested enhancement of retirement age, limiting to members with meritorious service and impeccable integrity. That means an evaluation of performance will have to be done at the age of 56, which is the present age fixed for retirement, for an extension of service beyond 56 years.

2. The Government considered the matter. The Additional Chief Secretary by communication dated 28.2.2023 informed the High Court of thei

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