C MANOHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed seeking a declaration that the employees of the Kerala State Warehousing Corporation are entitled to continue in service, till attainment of the age of 58 years, in terms of the decision of the Board of Directors of the Corporation minuted as taken in its 240th meeting on 15-3-2006.

(2.) The Kerala State Warehousing Corporation, hereinafter, the "Corporation", for short, is established under Section 18 of the Warehousing Corporations Act, 1962, the "Act", for short. General and Staff Regulations have been issued by the Corporation on 18th June, 1964 and published in the Gazette dated 23-6-1964, with the title "Kerala State Warehousing Corporation Regulations 1963", the "Regulations", for short, in exercise of power under Section 42(1) of the Act, with the previous sanction of the Government of Kerala. Regulation 13 of the Regulations provides that every employee shall retire on attaining the age of 55 years. This provision as to age of superannuation does not affect the power of the Corporation to employ any person above the age of 55 years on contract. The Board of Directors may with the previous permission of the Government, extend the period of service of an employee beyond the age of superannuation for such period as may be considered necessary but not exceeding three years. Obviously, such extension is a need-based one, to be made on case to case basis.

(3.) The Board of Directors of the Corporation decided on 15-3-2006, by a majority, to enhance the retirement age of the employees of the Corporation from 55 years to 58 years. The Board also resolved to authorise the Managing Director to write to the Government about the Board's recommendation to enhance the retirement Age of the employees and for making necessary amendments to the Regulations. The Government by communication dated 17-7-2006 informed the Managing Director of the Corporation that it regrets its inability to concur with the proposal for enhancement of retirement age of the servants of the Corporation from 55 to 58. The proposal contained in the letter of the Managing Director was accordingly rejected by the Government.