ORDINANCE No.13 OF 2008

THE KERALA HIGH COURT SERVICES (DETERMINATION OF
RETIREMENT AGE) ORDINANCE, 2008

                       Promulgated by the Governor of Kerala in the Fifty-ninth Year of the Republic of India

AN
ORDINANCE

to determine the retirement age of  the officers and servants of the High Court of Kerala.

          Preamble.-    WHEREAS, it is considered necessary to determine the retirement age of the officers and servants of the High Court of Kerala on par with the officers and servants of other services of the State.
           AND WHEREAS, the Kerala High Court Services (Determination of Retirement Age) Ordinance, 2007 (61 of 2007) was promulgated by the Governor of Kerala on the 20th day of October, 2007;
          AND WHEREAS, a Bill to replace the said Ordinance by an Act of the State Legislature could not be introduced in and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 20th day of February, 2008 and ended on the 19th day of March, 2008;
          AND WHEREAS, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the said Ordinance will cease to operate on the 2nd day of April, 2008;
          AND WHEREAS, difficulties will arise if the provisions of the said Ordinance are not kept alive;
         AND WHEREAS, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

        Now THEREFORE, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:-

          1.  Short title and commencement.- (1)  This Ordinance may be called the Kerala High Court Services (Determination of Retirement Age) Ordinance, 2008.

                   (2)  It shall be deemed to have come into force on the 1st day of January, 2007.

       2.  Determination of Retirement Age in High Court Services.-  Notwithstanding anything contained in any other law for the time being in force or  in any rule, or in any judgment, decree or order of any court, the compulsory retirement on superannuating of an officer or servant of the High Court of Kerela shall take effect from the afternoon of the last day of the month in which he attains the age of 55 years.

    3.  Special Provision for payment of Salary.-  Notwithstanding anything contained in section 2, the officers or servants of the High Court of Kerala, if any, continued in service beyond the age of 55 years will be eligible for the salary and allowances for the period during which they actually worked till the 22nd day of October, 2007, but their such service shall not be counted for any other service benefits or pensionary benefits.

   4.  Repeal and Saving.-(1)  The Kerala High court Services (Determination of Retirement Age) Ordinance, 2007 (61 of 2007), is hereby repealed.
          (2)  Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Ordinance.