RAMACHANDRAN K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was an employee of the third respondent who retired on 31.05 2009. The case sought to be made out by him is that in terms of Regulation-30 of the Karnataka Silk Marketing Board Limited (Staff) Regulations, 1979, an employee shall retire from service on attaining the age of 55 years. By a resolution dated 06.06.1991, the same was enhanced from 55 to 58 years. The first respondent-State by its order dated 28.07.2008 vide Annexure-J to the writ petition, enhanced the age of retirement of Government employees from 58 to 60 years. Thereafter, the second respondent wrote to the third respondent to take steps to enhance the age of retirement of Government employees from 58 to 60 years. The third respondent in terms of its board resolution dated 06.12.2008, declined to enhance the retirement age.

(2.) Aggrieved by the same, some of the employees of the respondent-board filed a writ petition in W.P. No. 14280/2008 and connected matters. By an order dated 29.07.2009, the petition was allowed. It was held that the respondent-Board would be obliged to enhance the age of superannuation from 58 to 60 years and in case the Board seeks exemption, it is for the State to grant exemption for good reason, Representations were made by the respondent to enhance the retirement age.

(3.) Subsequent to the orders passed in the writ petition, the State Government passed an order dated 17.12.2009 extending the age of retirement from 58 to 60 years, prospectively so far as the respondent company is concerned. Questioning the same, on the ground that the age of retirement should be from 28.7.2008 the present petition is filed.