The prayer in W.P.(C) No.10988 of 2007, filed by an employee of the Kerala Livestock Development Board is for a declaration that he is entitled to continue in service till he attains the age of 58 years in accordance with Ext.P4 resolution dated 24.6.2006 adopted by the Board of Directors of the Kerala Livestock Development Board. He has also prayed for an order directing the respondents to extend the benefit of Ext.P4 resolution to him and to permit him to continue in service till he attains the age of 58 years with all consequential benefits. The petitioners in W.P.(C) No.13773 of 2008, who are also employees of the Kerala Livestock Development Board challenge Ext.P6 Government order dated 11.4.2008 whereby the State Government declined to approve the resolution adopted by the Board of Directors of the Kerala Livestock Development Board to enhance the retirement age of officers and staff from 55 to 58 years. They have also prayed for a writ in the nature of mandamus commanding the first respondent to approve the resolution adopted by the Board of Directors of the Kerala Livestock Development Board to raise the age of retirement from 55 years to 58 years and a declaration that they are entitled to continue in service till they attain the age of 58 years. 2. The petitioner in W.P.(C) No.10988 of 2007 attained the age of superannuation on 31.3.2007. The petitioners in W.P.(C) No.13773 of 2008 attained the age of superannuation on 30.4.2007 and 30.11.2007 respectively. No order of stay had been passed staying the retirement of the petitioners from service during the pendency of these writ petitions. As regards the petitioner in W.P.(C) No.10988 of 2007, a learned single Judge of this Court had while admitting the writ petition on 29.3.2007 clarified that the retirement of the petitioner at the age of 55 years will be subject to the result of the writ petition. It was further clarified that if ultimately the petitioner is found entitled to continue in service till he attains the age of 58 years, he will be entitled to claim the monetary benefits he would have got, had he been in service uninterruptedly. As regards W.P.(C) No.13773 of 2008, no such order was passed but an order to the effect that the relieving of the petitioners on account of their attaining the age of 55 years will be subject to the outcome of the writ petition.
3. Persons similarly placed as the petitioners had challenged the Government order dated 11.4.2008 by filing W.P.(C) No. 12782 of 2008. Yet another group of persons had filed W.P.(C) No.7858 of 2011 in this Court. W.P.(C) No.7858 of 2011 was heard and disposed of by judgment delivered on 1.4.2013. By that judgment, a learned single Judge of this Court set aside the Government order dated 11.4.2008 and declared that employees of the Kerala Livestock Development Board who are similarly placed as the petitioners, are entitled to continue in service till they attain the age of 58 years. This Court also directed reinstatement of the petitioners therein in service and the petitioners were directed to refund the terminal benefits received by them. This Court also clarified that the petitioners therein will not be entitled to salary and allowances for the period during which they were kept out of service. Relying on the said judgment, W.P.(C) No.12782 of 2008 was heard and disposed of by another learned single Judge of this Court with the following directions:
“(i) In the light of Ext.P11, judgment dated 1.4.2013 in W.P.
(C) No.7858 of 2011 setting aside Ext.P6, order (Ext.P14, order in the said proceeding) it is directed that so far as Ext.P11, judgment stands, retirement age of employees of the second respondent is enhanced from the age of 55 to 58 years.
(ii) In case the petitioners have worked under the second respondent on the strength of interim order passed by this Court between the age of 55 and 58 years, they are entitled to get salary for the period for which they are actually worked thus. The second respondent shall look into the matter, compute and disburse the salary for such period within a period of three (3) months from the date of receipt of a copy of this judgment.
(iii) It is directed that since all the petitioners have crossed the age of 58 years, they are not entitled to get reinstatement but, for computation and disbursement of pensionary benefits, they shall be deemed to have been in the service from 55 to 58 years.
(iv) The pensionary benefits thus due to the petitioners shall be computed and disbursed to the petitioners within six (6) months from the date on which a copy of this judgment is received.
(v) Petitioner shall produce a copy of the writ petition and judgment before the appropriate authority as early as possible.”
4. The petitioners herein are similarly placed, they having retired from service on attaining the age of 55 years. The petitioners cannot therefore now seek reinstatement in service. The only relief they can seek is a declaration that they are entitled to pensionary benefits on the basis that they had continued in service till they attained the age of 58 years. Since the petitioners admittedly retired from service on attaining the age of 55 years and had not worked thereafter, I am of the opinion that they are not entitled to salary and allowances thereafter. Though in W.P.(C) No.10988 of 2007 an interim order was passed on 29.3.2007 to the effect that if ultimately the petitioner is found entitled to continue in service till he attains the age of 58 years, he will be entitled to claim the monetary benefits he would have got, had he been in service uninterruptedly, in view of the fact that such a relief was not given to persons similarly placed when this Court disposed of W.P.(C) No. 12782 of 2008 and W.P.(C) No.7858 of 2011, I am of the opinion that it will be unjust and iniquitous to direct that the petitioner in W.P.(C) No.10988 of 2007 will be entitled to monetary benefits notwithstanding the fact that he had not worked after he attained the age of 55 years. I therefore find no reason to maintain the interim order passed by this Court on 29.3.2007 in W.P.(C) No.10988 of 2007.
I accordingly dispose of these writ petitions with a direction to the second respondent to re-fix the terminal benefits payable to the petitioners as if they had continued in service till they attained the age of 58 years. The terminal benefits shall be re-fixed and arrears paid as directed above, within three months from today.
vps P.N.RAVINDRAN, (JUDGE)