T. RAVEENDRAN Vs. TEXTILE COMMITTEE

JUDGEMENT

(1.) The petitioner is an employee of the first respondent, Textiles Committee constituted under the Textiles Committee Act, 1963. He is working as Inspector. He has attained the age of 58 years on 31-8-98. He has approached this court on 27-8-1998 challenging Ext. P3 whereby he is informed that he is to retire on superannuation. He submits that, Govt. of India accepting the report of the 5th Pay Commission issued orders on 13-5-98 enhancing the retirement age of all the Central Government employees. Govt. of India also issued Ext. P2 office memorandum with respect to the raising of age of retirement of autonomous bodies and organisations of Central Government to 60 years on par with the Central Government employees. Therefore the petitioner submits that the petitioner shall retire only on attaining the age of 60 years. It is also contended by the petitioner that the Textile Committee Employees (Condition of Service) Regulations, 1971 had been amended by the textile committee enhancing retirement to 60 years and has been sent to Govt. for publication in gazette. It is further contended that there is already previous sanction to all similar organisations as contained in Ext. P2. Merely because there is delay on the part of the Central Government in publishing such amendment, the petitioner shall not be deprived of the right to continue in service until 60 years of age. So the petitioner challenges Ext. P5 whereby he is informed to retire on superannuation and seeks a direction to continue him in service until he attain the age of 60 years. It is contended by the counsel for the respondents that the conditions of the service of the petitioner is totally covered by Textile Committee Employees (Conditions of Service) Regulations, 1971 which provides as per Clause.13 thereof as follows:

(2.) Ext. P2 is a Govt. memorandum. That memorandum express the intention of the Central Govt. to raise the age of retirement of Central Autonomous bodies and organisations. In para.2(b) of Ext. P2, it is ordered as follows: