- (1.) THE petitioner has been working as a General Manager (HRM) with the government Tool Room and Training Centre (for short 'gttc'), Rajajinagar Industrial area, Bangalore, with effect from 1-4-2002. Though the GTTC is a society registered under the Karnataka Societies Registration Act, it is wholly sponsored, controlled and owned by the Government of Karnataka. It is a wing of the Department of Commerce and Industries of the Government of Karnataka. The Directors of the GTTC are nominated by the Government of Karnataka and the entire share capital of the GTTC is subscribed by the Government of Karnataka. Thus, the GTTC is an 'alter ego' or an 'instrumentality of the State' and hence, it is an 'authority' as defined under Section 12 of the Constitution of India.
(2.) THE age of superannuation in the GTTC is 58 years. The Government of Karnataka has enhanced the age of superannuation of Government Servants and employees of local bodies and aided educational institutions from 58 to 60 years w. e. f. 17-7-2008 as per the Government Order dated 28-7-2008. The GTTC issued a notice to the petitioner dated 1-12-2008 (Annexure 'c') informing him that he will be attaining the age of superannuation of 58 years on 2-12-2008 and that as per the CR and CCR Rules of the GTTC, an employee shall compulsorily retire from the services of the GTTC on the afternoon of the last day of the month he attains the age of 58 years and accordingly, he will be retiring from the service of the GTTC w. e. f. 31-12-2008. The petitioner submitted a representation (Annexure 'd') to the Managing Director of the GTTC requesting him to extend the benefit of the government order dated 28-7-2008 and continue him in service till he attains the age of 60 years. Since the said representation was not considered, the petitioner has filed this writ petition for quashing of the notice at Annexure 'c' dated 1-12-2008 and for a mandamus directing the respondents to continue him in the service till he attains the age of 60 years.
(3.) THE first respondent has filed its objections contending that the GTTC is not a local body or an aided educational institution as specified in the Government Order dated 28-7-2008. It is further contended that petitioner is not governed by the Karnataka Civil Service Rules as the GTTC has its own Cadre and Recruitment Service Rules. Clause 21 of its Service Rules specify the age of retirement as 58 years. The Governing Council in its 102nd meeting held on 23-9-2008 has decided not to enhance the retirement age to 60 years and have retained the same at 58 years. Therefore, the petitioner cannot be continued in the service of the GTTC beyond 31-12-2008.;