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Judgment
Justice S. Siri Jagan
The petitioner was appointed as the Managing Director of the Kerala State Financial Enterprises till he attains 58 years of age or for three years, whichever is earlier, with effect from 29.9.2004, by Ext.P1 order of the Government. By Ext.P2, the Government extended the service of the petitioner up to the age of 60 years, ie. till 31.12.2007 and treated the same as re- employment after retirement. By Ext.P3, the petitioner was nominated as Director of the Board of Directors of the Kerala State Financial Enterprises Ltd., also. By Ext.P4, the Government terminated the service of the petitioner, which, according to the petitioner, is in violation of the provisions of the Companies Act. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:
a. Issue a writ of certiorari or appropriate writs, directions or orders calling for the records leading upto Ext.P5 and quash Ext.P4 order issued by the respondent.
b. Issue a writ of mandamus or appropriate writs, directions or orders directing the respondent to permit the petitioner to continue as Managing Director of Kerala State Financial Enterprises Limited till 31.12.2007 on suitable posting.
c. Direct the respondent to settle the terms and conditions of the appointment of the petitioner and disburse all the monitory benefits with interest for the belated period forthwith.
I am of opinion that insofar as the petitioner''s appointment after he attained 58 years of age is purely a contractual appointment and in terminating that contractual appointment, no service rules are violated, the remedy of the petitioner lies in filing a suit for damages for the termination of the service of the petitioner, if the petitioner has got a case that such termination is illegal.
Therefore, without prejudice to that right, this writ petition is dismissed.