M.THANGAM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The Writ Petition has been filed, seeking to declare the action of the 2nd Respondent in reducing the age of retirement of employees from 60 to 58 years unilaterally and contrary to the Service Rules of the Plastic Export Promotion Council as illegal, arbitrary and in contravention to law, with the consequential direction to the Respondents to retain the petitioner in service, till he completes the age of 60 years on 28/2/2022. Facts leading to filing of this Writ Petition are as follows:

(2.) It was the case of the petitioner that the 2nd Respondent, namely, The Plastics Export Promotion Council (in short 'PEPC'), which is an Organization sponsored by the 1st Respondent and is governed by the Articles and Memorandum of Association, plays a role in advising the Government in respect of the policies to be adopted by it and mostly the members would be Central Government nominees. The 2nd Respondent, which is duty bound to comply with the directions of the 1st Respondent, is an instrumentality of the State as defined under Article 12 of the Constitution of India.

(3.) The Respondents 2 and 3 have filed a counter affidavit, wherein, it has been inter alia stated as under: