Kerala High Court
Aided Higher Secondary Teachers ... vs Kosy on 13 October, 2015
Author: Dama Seshadri Naidu
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938
WA.No. 333 of 2016 () IN WP(C).11372/2014
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AGAINST THE ORDER/JUDGMENT IN WP(C) 11372/2014 of HIGH COURT OF
KERALA DATED 13-10-2015
APPELLANT(S)/PETITIONERS 1 TO 20 IN WPC:
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1. AIDED HIGHER SECONDARY TEACHERS ASSOCIATION (AHSTA)
(APPROVED BY GOVERNMENT OF KERALA),
REPRESENTED BY PRESIDENT T. PRASANNAKUMAR,
AGED 52, S/O. S.THANKAPPAN, NOW WORKING AS HIGHER
SECONDARY SCHOOL TEACHER, AEPM HSS, IRUBANANGADU P.O.,
EZHUKONE, RESIDING AT AKHILAM, EZHUKONE P.O.,
KOLLAM-691 505, KERALA.
2. KERALA GAZETTED OFFICERS UNION (KGOU),
(APPROVED BY GOVERNMENT OF KERALA),
REPRESENTED BY VICE PRESIDENT, SRI. K.ASOKAN,
AGED 56, S/O. P.KUMARAN, NOW WORKING AS
HEAD OF SECTION IN TEXTILE TECHNOLOGY,
CENTRAL POLYTECHNIC COLLEGE, TRIVANDRUM-NOW
RESIDING AT ASOKA MANDIRAM, KURAKKADA P.O.,
TRIVANDRUM, KERALA.
3. KERALA NON-GAZATTED OFFICERS ASSOCIATION
(APPROVED BY GOVT. OF KERALA) CIVIL STATION BRANCH,
KAKKANAD, ERNAKULAM, REPRESENTED BY PRESIDENT,
CIVIL STATION BRANCH AND STATE COUNCIL MEMBER,
BABU K.M., AGED 48, S/O. LATE K.T.MATHEW,
KOMOROTH HOUSE, VYTTILA P.O., 682 019-
NOW WORKING AS U.D.TYPIST, REGIONAL CHEMICAL EXAMINER'S
LABORATORY, KAKKANAD, ERNAKULAM, KOCHI-682 030, KERALA.
4. THOMAS MATHEW
S/O. T.J.MATHEW, THUPPALANJAIYIL, CHENGALAM (E) P.O., 686 585,
KERALA NOW WORKING AS PHYSICAL EDUCATION TEACHER,
AMAYANNOOR AIDED HIGH SCHOOL, AMAYANNOOR P.O., 686 019,
KOTTAYAM, KERALA.
5. JOSE SEBASTIAN, AGED 52,
S/O. N.J.DEVASYA, KUMPLANKAL HOUSE, PRAVITHANAM P.O.,
PIN-686 651, KOTTAYAM DISTRICT, KERALA,
NOW WORKING AS PHYSICAL EDUCATION TEACHER,
ST. MICHAEL AIDED HIGH SCHOOL, PRAVITHANAM P.O.,
PIN-686 651, PALAI, KOTTAYAM DISTRICT, KERALA.
WA.No. 333 of 2016 ()
: 2 :
6. JOSEPH MATHEW
(AGED 56 AS ON 27-11-2013),RETIRED ON 31/3/2014
WHILE WORKING AS ASST. PROFESSOR IN PHYSICAL EDUCATION,
GOVERNMENT MEDICAL COLLEGE, KOTTAYAM, KERALA,
NOW RESIDING AT VAZHAMPLACKAL HOUSE, NARIANGANAM P.O.,
PIN-686 579, PALA, KOTTAYAM, KERALA.
7. N.ASOKAN
(AGED 56 YEARS AS ON 25-11-2013), S/O. P.KUMARAN,
RETIRED ON 31/3/14 WHILE WORKING AS HEAD OF SECTION IN TEXTILE
TECHNOLOGY, CENTRAL POLYTECHNIC COLLEGE, TRIVANDRUM,
NOW RESIDING AT ASOKA MANDIRAM, KURAKKADA P.O.,
TRIVANDRUM, KERALA.
8. DR.P.K.JACOB
(SUPERANNUATED AT THE AGE OF 56 ON 30-11-2013
WHILE WORKING AS ASSISTANT PROJECT OFFICER REGIONAL
A.I.CENTRE, KOTTARAKKARA), NOW RESIDING AT
PUTHENVEETTIL DAYA, M 33, THEVALLI NAGAR, KOLLAM-9, KERALA.
9. BALAKRISHNAN, AGED 56 YEARS,
(SUPERANNUATED AT THE AGE OF 56 ON 30-11-2013
WHILE WORKING AS SR. ADMINISTRATIVE ASSISTANT
DISTRICT POLICE OFFICE, ALAPPUZHA),
NOW RESIDING AT MANITHARA HOUSE, AVANOOR P.O.,
THRISSUR DISTRICT-680 541, KERALA.
10. RAJEEVAN T.P., AGED 56 YEARS,
S/O. KINHIKRISHNAN T.P., RESIDING AT 'ARAMAM',
EDACHERY P.O., KOTTALI, KANNUR DISTRICT, KEALA STATE,
RETIRED ON 31.03.2014, NOW WORKING AS SUPERINTENDENT,
GOVERNMENT TECHNICAL HIGH SCHOOL, KANNUR, KERALA STATE.
11. DINESH V., AGED 56 YEARS,
S/O. DAMODARAN V., RESIDING AT SHANKER NIVAS,
NEAR KURUVA ROAD, THAYYIL P.O., KANNUR, KEALA STATE, PIN-670 003,
RETIRED ON 31.03.2014 WHILE WORKING AS DRAFTS MAN, GRADE-II,
GOVT. TECHNICAL HIGH SCHOOL, MAGRAL PUTHUR,
BEDRADKA P.O., KASARAGOD, PIN-671 124, KERALA STATE.
12. RAJAN K.V.,
S/O. KANNAN, RESIDING AT KALATHERA HOUSE,
PAPPINISSERI WEST P.O., KANNUR, KERALA STATE, PIN-670 561,
RETIRED ON 31/3/2014 WHILE WORKING AS WORKSHOP
SUPERINTENDENT, GOVT. POLYTECHNIC COLLEGE, KANNUR,
KERALA STATE, PIN-670 007.
13. P.K.SAHANASHEELAN, AGED 56 YEARS,
S/O. KUNHI RAMAN P., RESIDING AT 'DIVYATEJ', THOTTADA P.O.,
KANNUR DISTRICT, KERALA STATE, PIN-670 007,RETIRED ON 31/3/14
WHILE WORKING AS LECTURER IN ELECTRICAL,
WA.No. 333 of 2016 ()
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GOVT. POLYTECHNIC COLLEGE, KANNUR, THOTTADA P.O.,
KANNUR DISTRICT, KERALA STATE, PIN-670 007.
14. SURENDRAN V.V., AGED 56 YEARS,
S/O. KUNHAMBU, VALIYA VALAPPIL HOUSE, P.O. PALLIKUNNU,
RAMATHERU, KANNUR DISTRICT, KERALA STATE, PIN-670 004,
RETIRED ON 31.03.2014 WHILE WORKING AS
TRADE INSTRUCTOR, GRADE-II,
MECHANICAL GOVT. POLYTECHNIC COLLEGE, KANNUR, P.O.,
THOTTADA, KANNUR DISTRICT, KERALA STATE, PIN-670 007.
15. KUNHIRAMAN PUDUVAKKAL, AGED 56 YEARS,
S/O. ALAYIL AMBU, RESIDING AT PUDUVAKKAL HOUSE, KANNOM,
EZHOME P.O., KANNUR DISTRICT, KERALA STATE, PIN-670 334,
RETIRED ON 31/3/14 WHILE WORKING AS INSTRUCTOR GRADE II (HG),
EEE DEPARTMENT, GOVERNMENT COLLEGE OF ENGINEERING,
PARASSINIKADAVU P.O., KANNUR DISTRICT, KERALA STATE,
PIN-670 563.
16. GELTRUDE K.V.
W/O. JOSEPH, THADATHIL HOUSE, 1D SKYLINE ORCHID APARTMENTS-II,
MUTTAMBALAM P.O., KOTTAYAM, NOW WORKING AS JUNIOR
EMPLOYMENT OFFICER, TOWN EMPLOYMENT EXCHANGE, PALA P.O.,
PALA.
17. P.RADHAKRISHAN,
S/O. T.G.MENON, THAYYAPARAMBIL HOUSE, KODUNGALLOOR,
THRISSUR, PIN-680 664, NOW WORKING AS SUPDT. OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM.
18. K.MADHUSUDANAN,
S/O. THUPRAN, MIDHUNAM HOUSE, MUNDUPARAMBA P.O.,
MALAPPURAM, NOW WORKING AS SUPDT. OF POLICE, SPECIAL BRANCH,
CID, KOZHIKODE RANGE.
19. C.K.SANKARANARAYANAN
S/O. (LATE) C.S.KUNJU, CHEMMANATTU VALAPPIL HOUSE,
PERAMANGALAM P.O., THRISSUR, NOW WORKING AS SUPDT. OF POLICE
AND ASSISTANT DIRECTOR (PS), KERALA POLICE ACADEMY, THRISSUR.
20. JOSE V. KOSY,
VAZHAVILA PUTHENVEEDU,
VADAKKADATHUCAVU P.O.,
ADOOR, PATHANAMTHITTA DISTRICT,
ASSOCIATE PROFESSOR, SUPERANNUATED ON 31.03.2014,
WHILE WORKING AS HOD, HISTORY,
ST. CYRIL'S COLLEGE, ADOOR,
PATHANAMTHITTA.
BY ADVS.SRI.BENOY THOMAS
SRI.PAULSON THOMAS
WA.No. 333 of 2016 ()
: 4 :
RESPONDENT(S)/RESPONDENTS 1 TO 12 & ADDITIONAL RESPONDENTS 13 TO
16 WPC.:
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1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA.
2. PRINCIPAL SECRETARY (FINANCE)
DEPARTMENT OF FINANCE, GOVERNEMNT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM-695 001, KERALA.
3. SECRETARY
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA.
4. PRINCIPAL SECRETARY,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001, KERALA.
5. LUCY THOMAS, AGED 56 YEARS,
PHYSICAL EDUCATION TEACHER RETIRED ON 31-03-2014
FROM ST. JOSEPH'S G.H.S., MUTHOLY, NOW RESIDING AT
PARANKULANGARA, AMPARANIRAPPEL P.O., BHARANANGANAM-682 503.
6. VALSAMMA THOMAS, AGED 56 YEARS,
PHYSICAL EDUCATION TEACHER, RETITED ON 31-03-2014 FROM ST.
JOSEPH'S H.S., VILAKKUMADOM, POOVARANY P.O., KOTTAYAM DISTRICT,
NOW RESIDING AT PULICKAL HOUSE, ELAMGULAM, KOORALY P.O.,
KOTTAYAM, PIN 686 522.
7. M.R.VENUGOPLAN,
LIBRARIAN (RETIRED ON 30-11-2013), GOVT. MEDICAL COLLEGE,
THRISSUR, NOW RESIDING AT MUTTATHIL KAROTTU HOUSE,
KANJIRAMATTAM, ERNAKULAM-682 315.
8. JOSE SEBASTIAN
NOW WORKING AS PHYSICAL EDUCATION TEACHER, ST. MICHAELS
HIGHER SECONDARY SCHOOL, PRAVITHANAM, PALAI-686 707.
9. DR. AUGUSTINE GEORGE
NOW WORKING AS ASSISTANT PROFESSOR IN PHYSICAL EDUCATION,
MEDICAL COLLEGE, KOTTAYAM-686 001.
10. A.M.ABDULKAREEM SAHIB
RESIDING AT AMALIPPURATH HOUSE, MYLOOR,
PALLARIMANGALAM P.O.,
ERNAKULAM DISTRICT, WORKING AS JOINT BLOCK DEVELOPMENT
OFFICER, BLOCK DEVELOPMENT OFFICE, KOTHAMANGALAM.
WA.No. 333 of 2016 ()
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11. M.K.KUNJUMOITHEEN
RESIDING AT MUTHUVASSERY HOUSE,
PANICHAYAM, NEDUNGAPRA P.O.,
PERUMBAVOOR, ERNAKULAM DISTRICT WORKING AS JOINT BLOCK
DEVELOPMENT OFFICE, BLOCK DEVELOPMENT OFFICE,
MUVATTUPUZHA, MADAVOOR P.O.
12. K.K.SHAJI
RESIDING AT DEVIKA SIVASAKTHI LANE,
PERVARAM, NORTH PARAVUR, ERNAKULAM DISTRICT,
WORKING AS JOINT BLOCK DEVELOPMENT OFFICER,
BLOCK DEVELOPMENT OFFICE, ALANGAD, KOTTAPURAM P.O.
13. SAFIULIA SYED, AGED 55 YEARS,
S/O.ANWAR, VANAKAYIL HOUSE,
P.O.VALAPAD 680 567, THRISSUR DISTRICT
NOW WORKING AS SUPDT. OF POLICE,
SPECIAL BRANCH - CTD, THRISSUR RANGE, THRISSUR.
14. K.A.ABDUL HAMEED
S/O.LATE MOHAMMED, KUNJU KANDAN, AGED 55 YEARS,
VILLA NO.5, CHELAVOOR, KOZHIKODE DISTRICT,
NOW WORKING AS SUPDT. OF POLICE, VIGILANCE AND
ANTI CORUPTION BUREAU, SPECIAL CELL, KOZHIKODE.
15. VALSALAMONY K.G.,
ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT,
SPECIAL CIRCULE OFFICE, COMMERCIAL TAX COMPLEX,
KOTTAYAM, PIN: 686 001, W/O.V.S.SATHEESH KUMAR,
POURNAMI, COLLECTORATE P.O., KOTTAYAM 686 002.
16. T.P.ABDUL HAMEED,
ASSISTANT COMMISSIONER, COMMERCIAL TAXES DEPARTMENT
SPECIAL CIRCLE OFFICE, COMMERCIAL TAX COMPLEX,
KOTTAYAM, PIN: 686 001, S/O.M.H.PITCHAKANNU RAWATHER,
THAIKOOTTHATHIL HOUSE, HIDAYATH JUNCTION,
CHANGANACHERRY, PIN: 686 101
R BY SRI.N.N.ELAYATH
R BY SMT. SMITHA VINOD, GOVERNMENT PLEADER
R BY SRI.SHAJI THOMAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
12-07-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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W.A. No. 333 of 2016
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Dated this the 12th day of July, 2016.
JUDGMENT
Dama Seshadri Naidu,J.
The appellants, who are the petitioners in W.P.(C) No. 11372 of 2014, suffered the dismissal of the writ petition, which was filed questioning what is said to be the discrimination involving two sets of employees: reckoning the date of their appointment for fixing the age of superannuation.
2. The learned counsel for the appellants has submitted that there is no discernible differentia between the employees who joined the service before 01.04.2013 and those who joined thereafter. According to him, fixing 58 years as the age of superannuation for the employees who joined services before 01.04.2013 and sixty for those who joined later is discriminatory.
3. Heard the learned counsel for the appellants and the learned Government Pleader, apart from perusing the record.
4. As seen from the impugned judgment, the Government has applied its mind and, with justification, has decided that the employees appointed before 01.04.2013 come under the statutory pension scheme contemplated under part III of Kerala Service Rules. On the other hand, W.A. No. 333/2016 -2- the employees appointed on or after 01.04.2013 are not entitled to the statutory pension. Nevertheless, they come under the National Pension Scheme, which requires that an employee ought to have attained the age of 60 years to be eligible to claim pension under the said scheme. Under those circumstances, the Government, in our view correctly, has decided to fix a different date of superannuation for the employees joining services after 01.04.2013.
5. The Apex Court as well as this Court has repeatedly held that the employer has the final say in the matters of recruitment as well as superannuation, more particularly when the decision is informed by unassailable reasons as well as financial commitments, both of which we find in the present instance.
In our view, the judgment impugned is unassailable and need not be interfered with. Accordingly, this appeal is dismissed.
ANTONY DOMINIC, JUDGE.
DAMAJUDGE.
SESHADRI NAIDU, Rv W.A. No. 333/2016 -3-