Upon examining the same, the Court noted that the Director General of KILA is only allowed to continue in the post until they reach 60 years.
However, Elamon had crossed 60 years on July 4, 2023.
The Court stated that this makes the extension of Elamon term beyond July 4, 2023 illegal.
“Clause 43 [of the Memorandum of Association] states explicitly that the Director General recruited from the open market can be allowed only until he has attained the age of 60 years, and reappointment is permitted subject to age restriction…. Therefore, I am of the considered opinion that Ext.P3 cannot stand in the eye of law, to the extent it allows the 4th respondent to hold the office beyond the age of 60 years and Ext.P3 stands quashed to that extent“, the Court said in its judgment.
It, accordingly, quashed the order extending Elamon’s term beyond his date of retirement, that is July 4, 2023. The Court also directed the State government to take steps to appoint a new Director General. Until such time, any competent officer who is qualified to hold the post is to be given additional charge of the office of Director General.
Source: Barandbench
