T V CHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Issue covered in these writ petitions are common and therefore these writ petitions were heard together and are disposed of by this common judgment.

(2.) The petitioners are employees of the Kerala Artisans Development Corporation Limited, a Government Company as defined under section 617 of the Companies Act, 1956. They were governed by the provisions of the KSR and. their age of retirement was 55 years. New Service Rules were framed by the 4th respondent-Corporation fixing the age of retirement at 58 years, apparently for the reason that the employees, who are covered under the Employees Provident Funds and Miscellaneous Provisions Act and the Pension Scheme framed thereunder, will get full pension only if they retire at the age of 58 years. From Ext. P1 it would appear that the Public Service Commission had accorded approval to the Rules.

(3.) However, it is seen from Ext. P2 proceedings of the Secretary to Government dated 28.1.2008, that they were not agreeable for enhancing the age of retirement as proposed by the Corporation. In pursuance to the decision as reflected in Ext. P3, Ext. P2 letter was issued by the Government on 28.1.2008 requiring the Managing Director of the Corporation to modify the draft Service Rules limiting the retirement age at 55 years. Accordingly modified Rules were submitted, and by Ext. P4 order dated 2.3.2009, the Government approved the Rules.