SARASAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was appointed as a Clerk in the Kharga Army Canteen, impugns the provision in the Standing Order by which it has been provided that the "maximum permissible service for an employee is 15 years" and that "the services of an employees will be automatically relinquished based on completion of age limit or maximum permissible service, whichever occurs first. The maximum age upto which an employee can serve, is 60 years. The petitioner alleges that the provision is arbitrary and thus violative of Article 14 of the Constitution.

(2.) The respondents contest the petitioner's claim. It has been inter alia pleaded that the canteen is not an instrumentality of the State as contemplated Under Article 12 of the Constitution. It has been further pleaded that the Government of India has got nothing to do with the running of the Canteen. The employees who can be civilians or ex -serviceman are paid their salaries "from the profits of the Canteen and not from the State ex -Chequer. The finances for running the canteen are arranged by the units themselves." The appointment of the petitioner is contractual and the service conditions are governed by the Stating Orders of the Canteen. Prior to June 1988, no age of retirement or the tenure of appointment had been fixed. Consequently, an amendment was made in the Standing Orders on June 5, 1988. If the petitioner has any grievance, he has the remedy of filing a civil suit for damages. According to the respondents, the writ petition is wholly lacking in merit and deserves to be dismissed.

(3.) The petitioner has filed a replication and produced certain documents.