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2026 Supreme(Online)(Ker) 10773

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
S. AROCKIYADAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.M.U.VIJAYALAKSHMI, SRI.K.JAJU BABU (SR.), SRI.BRIJESH MOHAN
For the Respondents: SRI.T.R.HARIKUMAR, SRI.ARJUN RAGHAVAN, SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER

JUDGMENT

Dated this the 10th day of February, 2026 [WP(C) Nos. 30756 of 2024 & 11434 of 2025]

These writ petitions have been filed by the petitioners, who are employees of ANERT, seeking to enhance the age of superannuation in the ANERT to 60 years and to permit them to continue in service.

2. Counsel for the petitioners submitted that both the petitioners have retired on superannuation after attaining the age of 58 years during the pendency of these writ petitions.

3. I have heard the learned counsel for the petitioners, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel representing respondents 2 and 3.

4. I find that the very same issue came up for consideration in W.P.(C) No.11291/2024. It is true that fixation of retirement age is the prerogative of the employer. The retirement age has to be fixed taking into consideration a large number of factors like the nature of the industry, the required job profiles, efficiency requirements of its staff, the experience gained by the staff rendering service etc. Therefore, it is primarily for the employer to decide the retirement age taking into consideration the larger interest of the Institutio

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