J U D G M E N T

(Dated this the 12^th day of December, 2024)

The writ petition is preferred by a Senior Equipment Operator of the 2^nd respondent being aggrieved by the delay in enhancing the retirement age from 58 to 60 years.

2. It is the case of the petitioner that, as per Clause

4.38 of long term agreement signed between the management of the 2^nd respondent with the unions of the employees of the 2^nd respondent and sanctioned by Government as per Ext.P2 Government Order dated 03.02.2014, it was agreed that the 2^nd respondent will recommend to the 1^st respondent to examine the possibility of extending the age of superannuation of employees from 58 years to 60 years. In the light of the said circumstances, recommendation was forwarded by the 2^nd respondent to the 1^st respondent-State. In the meanwhile, the petitioner retired from service on 30.11.2014. However, no decision was taken by the Government by that time.

3. The writ petition was preferred prior to his retirement on 30.11.2014. However, there is no interim order in his favour to continue in service until the age of 60, whereas, by interim order dated 28.11.2014, this Court clarified that, in case the age of superannuation is enhanced to 60 years, the petitioner will be treated as continued in service for all benefits.

2. However, today when the matter is taken up for consideration, the learned Standing Counsel for the 2^nd respondent produced a copy of the order whereby, the Government declined to accept the recommendation of the 2^nd respondent. Since this being a policy decision taken by the Government, this Court cannot interfere with such decision which is communicated by Letter No. 29658/H1/2012/ID dated

05.01.2015 of the 1^st respondent.

Under such circumstances, the writ petition is dismissed.

Sd/-

P.M. MANOJ JUDGE AKH APPENDIX OF WP(C) 31889/2014 RESPONDENT EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE LETTER NO.

29658/HI/2012/ID DATED 5.1.2015 ISSUED BY THE GOVERNMENT OF KERALA TO THE MANAGING DIRECTOR OF THE 2ND RESPONDENT PETITIONER EXHIBITS EXHIBIT 1 TRUE COPY OF THE MEMORANDUM OF SETTLEMENT DT. 09.6.12 SIGNED BETWEEN THE MANAGEMENT OF 2ND RESPONDENT AND THE UNIONS OF THE EMPLOYEES OF THE 2ND RESPONDENT.

EXHIBIT 2 TRUE COPY OF G.O(MS) NO. 17/2014/ID DT. 03.2.14 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT 3 TRUE COPY OF REPRESENTATION DT.

05.11.14 FILED BY THE PETITIONER ALONG WITH FEW OTHER EMPLOYEES OF 2ND RESPONDENT BEFORE THE 1ST RESPONDENT, ALONG WITH ITS ENGLISH.

EXHIBIT 4 TRUE COPY OF INTERIM ORDER DT.

21.12.11 IN WRIT PETITION (CIVIL) NO.

34317/2011 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT 5 TRUE COPY OF INTERIM ORDER DT.

21.10.14 IN WRIT PETITION (CIVIL) NO. 27138 OF 2014 BEFORE THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM.

EXHIBIT 6 TRUE COPY OF GO(RT) NO. 1323/2011/ID DT. 24.10.11 OF INDUSTRIES (H)

DEPARTMENT IN RESPECT OF TRAVANCORE TITANIUM PRODUCTS.

EXHIBIT 7 TRUE COPY OF G.O(MS) NO. 03/2012/S&T DT. 16.4.12 ISSUED BY SCIENCE AND TECHNOLOGY DEPARTMENT IN RESPECT OF TBGRI, CESS, NATPAC, KFRIU, CWRDM AND KSOM.

EXHIBIT 8 TRUE COPY OF G.O(MS) NO. 146/2013/CO-

OP DT. 29.11.13 ISSUED BY THE COOPERATION DEPARTMENT IN RESPECXT OF VARIOUS BOARDS UNDER THECOOPERATION DEPARTMENT LIKE KERALA STATE COOPERATIVE EMPLOYEES WELFARE BOARD, KERALA COOPERATIVE DEVELOPMENT AND WELFARE FUND BOARD, KERLA COOPERATIVE SERVICE EXAMINATION BOARD, KERALA COOPERATIVE DEPOSIT GUARANTEE FUND BOARD.

EXHIBIT 9 TRUE COPY OF G.O(MS) NO. 8/2014/H&FWD DT. 04.1.14 OF HEALTH AND FAMILY WELFARE DEPARTMENT IN RESPECT OF TEACHING FACULTIES OF GOVERNMENT NURISING COLLEGES.

EXHIBIT 10 TRUE COPY OF G.O(MS) NO.

131/2014/H&FWD DT. 30.4.14 OF HEALTH AND FAMILY WELFARE DEPARTMENT IN RESPECT OF TEACHING FACULTIES OF NON MEDICAL TEACHERS IN GOVERNMENT MEDICAL COLLEGES.

EXHIBIT 11 TRUE COPY OF G.O(MS) NO.

160/2014/H&FWD DT. 30.5.14 OF HEALTH AND FAMILY WELFARE DEPARTMENT IN RESPECT OF PHARMACY TEACHING FACULTY.

EXHIBIT 12 TRUE COPY OF INTERIM ORDER DT. 21.7.14 IN WRIT PETITION (CIVIL) NO.

18668/2014 OF THE HON'BLE HIGH CO