The court underscores that retirement age policies must be reasonable and non-discriminatory, particularly when similar institutions receive different treatment.

J U D G M E N T

Dated this the 28^th day of January, 2026 The petitioners, who are working as Additional Chief Technical Manager and Chief Technical Manager respectively at the Agency for New and Renewable Energy Research and Technology (ANERT), are before this Court seeking to quash Exts.P5 and P10 and to direct the 1^st respondent to uniformly fix the retirement age of all the employees of ANERT as 60 years.

2. The petitioners state that ANERT was functioning as a registered Society under the administrative control of Science and Technology and Environment Department of the Government of Kerala. The retirement age of the employees of the ANERT while it was under the Science, Technology and Environment Department, was 58 years.

3. The petitioners state that the Government, as per Ext.P1 Government Order dated 12.08.2003, transferred the administrative control of ANERT to the Power Department under the Government of Kerala, subject to the condition that the Research and Development Schemes accepted by the Science and Technology Council will continued to be financed under the Science and Technology Department.

4. Some of the employees of the ANERT filed W.P.(C) No.37895 of 2003 challenging Ext.P1 contending that their conditions of service will be affected. This Court disposed of the writ petition as per Ext.P2 judgment making it clear that if their service conditions are affected due to the transfer, it is open to them to challenge such action as and when they are adversely affected by such transfer.

5. The petitioners state that the Government enhanced the retirement age of all non-scientific / technical and administrative staff of the Kerala State Council for Science, Technology, Environment and its Research and Development Centres from 58 years to 60 years, as can be seen from Ext.P3 Government Order dated 16.04.2012.

6. The petitioners state that there are only 10 positions in ANERT as approved by the Government. The issue of retirement age of the employees of ANERT was considered by the Governing Body of the ANERT on 23.03.2022 and the Governing Body approved to recommend enhancement of the retirement age to the Government as per Ext.P4 Minutes. To the predicament of the petitioners, the Government rejected the proposal and recommendation made by the ANERT as per Ext.P5 communication dated 29.06.2022.

7. The petitioners state that at the same time, the Government is permitting enhancement of retirement age to various other similarly situated Institutions functioning under the Kerala Government like Centre for Advanced Printing and Training (C-APT), LBS Institute of Technology, NORKA Roots, the Pharmaceutical Corporation (Indian Medicines) Kerala Limited, Plantation Corporation etc. The petitioners alone are discriminated.

8. Counsel for the petitioners submitted that even though the age of retirement in respect of any Institutions is a policy matter, when the Institution itself has recommended enhancement of age limit, the Government of Kerala cannot disregard such recommendation and deny permission for enhancement of age of superannuation of its employees. Any rejection by the Government should be reasonable. The impugned orders at Exts.P5 and P10 or the counter affidavit filed by the respondents, do not disclose cogent reasons. In the circumstances, Exts.P5 and P10 are liable to be set aside.

9. The 1^st respondent resisted the writ petition filing a statement. The 1^st respondent submitted that the retirement age of existing four Scientists in ANERT is 60 years as their services come under CSIR Rules. When the Government ordered res