GEORGE Vs. SPICES BOARD

JUDGEMENT

(1.) When C.M.P. No. 3833/91 came up for orders, learned counsel appearing on either side wanted the original petition itself heard and disposed of. Accordingly I heard them at length. I am disposing of the original petition.

(2.) The short facts germane for decision of this case are as follows: Petitioner entered service as a Peon in the Cashew and Pepper Export Promotion Council on 16-9-1957. In 1960 there was a bifurcation of the Council. The Department of Pepper was separated. A new wing was constituted as Spices Expert Promotion Council. With effect from 24-10-60 petitioner was absorbed in the Spices Export Promotion Council. On 26-5-79 he was posted as Despatch Clerk. According to the service rules of the Spices Export Promotion council the age of retirement is 60 years. As per that Rule, petitioner is due to retire on 28-2-93.

(3.) As per the Spices Board Act, Act 10 of 1986 the Board was constituted by amalgamating the Spices Export Promotion Council with the Cardamom Board. Under S.6(1) of that Act, all properties and other assets vested in the Cardamom Board and the Spices Export Promotion Council became vested in the Spices Board. S.6(1)(e) of the Act provided:-