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2015 Supreme(Online)(KER) 45409

HIGH COURT OF KERALA
ANTONY DOMINIC, P.V.ASHA, JJ
DR KERALA SREEMATHI T – Appellant
Versus
GOVERNING BODY OF SCERT – Respondent


JUDGMENT

Asha, J.

The appellant, who was the petitioner in W.P.(C)25611/13, challenges the judgment of the learned Single Judge declining her prayer for enhancement of retirement age to 58 years. In this writ appeal, she claims the benefit of Annexure 1, Special Rules which provides for the retirement age of employees of SCERT as 60 years. Petitioner, relying on Ext.P2 judgment, wherein this court allowed the petitioner therein to continue in service upto 58 years, contends that she is also similarly situated employee and therefore entitled for similar treatment.

2. We heard the learned counsel appearing for the appellant as well as the learned Standing Counsel appearing for the SCERT.

3. The learned Standing Counsel appearing for SCERT pointed out that the petitioner covered by Ext P2 judgment had continued in service on the basis of the interim orders and by the time the writ petition was disposed of she had reached the age of 58. By the judgment under appeal, the learned Single Judge declined relief to petitioner, following the judgments of the Apex Court in S.Sivaguru v. State of Tamil Nadu & others (2013) 7 SCC 335; Jagadish Prasad Sharma v. State of Bihar (2013) 8 SCC 633 and Sta

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