High Court of KeralaWP(C)/16465/2015disposed of

Chenthamara B. v. State Of Kerala

2015-06-03Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).NO. 16465 OF 2015 (G) ---------------------------- PETITIONER(S):

---------------- CHENTHAMARA B., LIBRARY ASSISTANT (RETIRED) SCHOOL OF LEGAL STUDIES COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY RESIDING AT F-TYPE QUARTERS-1 COCHIN UNIVERSITY P.O COCHIN-22 BY ADVS.SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI RESPONDENT(S):

--------------- 1.STATE OF KERALA REPRESENTYED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM- 695001

2. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY COCHIN UNIVERSITY PO COCHIN-682022,REPRESENTED BY ITS REGISTRAR BY GOVERNMENT PLEADER SMT.LOWSY.A BY SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 16465 OF 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1. COPY OF THE DISABILITY CERTIFICATE DATED 16.08.2000 ISSUED BY THE DISTRICT HOSPITAL, PALAKKAD TO THE PETITIONER EXHIBIT P2. COPY OF THE APPOINTMENT ORDER NO.AD.A4/174/98(1) DATED 17.06.2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3. COPY OF THE ORDER NO.RECORDS/STAFF/2015-16 DATED 02.05.2015 OF THE 2ND RESPONDENT EXHIBIT P4. COPY OF THE REPRESENTATION DATED 30.05.2015 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT EXHIBIT P5. COPY OF THE ORDER DATED 29.05.2015 IN W.P(C).NO.15956 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.16465 of 2015-(G) ............................................................. Dated this the 3rd day of June, 2015 J U D G M E N T The petitioner who was working as a Library Assistant, had submitted Ext.P4 representation before the 2nd respondent seeking a continuation in service till she attained the age of 60 years in the light of Ext.P5 order. It is pointed out that the petitioner has since retired on superannuation and is presently out of service. Under such circumstances, the limited prayer of the petitioner at the time of admission of the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation preferred by the petitioner, seeking the benefit of enhanced retirement age, so that he can be re-instated and continue in service till 60 years.

2. I have heard the learned counsel for the petitioner, the learned Standing counsel for the respondent University and also the learned Government Pleader for the 1st respondent.

3. On a consideration of the facts and circumstances of the case as also the submissions made across the bar and taking note

W.P.(C).No.16465 of 2015-(G) of the fact that the issue with regard to enhancement of retirement age of the employees of the 2nd respondent University is pending consideration before the 1st respondent, there will be a direction to the 2nd respondent to consider and pass orders on Ext.P4 representation preferred by the petitioner within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner.

The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE mns