These writ petitions are filed seeking a declaration that the employees of the Kerala State Warehousing Corporation are entitled to continue in service, till attainment of the age of 58 years, in terms of the decision of the Board of Directors of the Corporation minuted as taken in its 240th meeting on 15-3-2006.

2. The Kerala State Warehousing Corporation, hereinafter, the "Corporation", for short, is established under Section 18 of the Warehousing Corporations Act, 1962, the "Act", for short. General and Staff Regulations have been issued by the Corporation on 18th June, 1964 and published in the Gazette dated 23-6-1964, with the title "Kerala State Warehousing Corporation Regulations 1963", the "Regulations", for short, in exercise of power under Section 42(1) of the Act, with the previous sanction of the Government of Kerala. Regulation 13 of the Regulations provides that every employee shall retire on attaining the age of 55 years. This provision as to age of superannuation does not affect the power of the Corporation on to employ any person above the age of 55 years on contract. The Board of Directors may with the previous permission of the Government, extend the period of service of an employee beyond the age of superannuation for such period as may be considered necessary but not exceeding three years. Obviously, such extension is a need-based one, to be made on case to case basis.

3. The Board of Directors of the Corporation decided on 15-3-2006, by a majority, to enhance the retirement age of the employees of the Corporation from 55 years to 58 years. The Board also resolved to authorise the Managing Director to write to the Government about the Board's recommendation to enhance the retirement age of the employees and for making necessary amendments to the Regulations. The Government by communication dated 17-7-2006 informed the Managing Director of the Corporation that it regrets its inability to concur with the proposal for enhancement of retirement age of the servants of the Corporation from 55 to 58. The proposal contained in the letter o f the Managing Director was accordingly rejected by the Government.

4. The petitioners contend that the communication of the Government to the Corporation is a non-speaking one and does not set out any reason to decline approval. The State Government, according to the petitioners, has not considered the relevant aspects while taking the decision to refuse concurrence to the proposal to enhance the age of superannuation. According t o the petitioners, the decision of the Government is one taken mechanically and without due application of mind. It is further argued on behalf of the petitioners that though the Act provides for previous sanction of the Government for the making of the regulations, it has to be treated that such previous sanction is necessary only when the Corporation proceeds to make a regulation touching a matter, for the first time, and not when it makes regulations thereafter touching matters already dealt with by the existing regulations, even by making amendments to them. It is further contended by the petitioners that the retirement age of employees of various Warehousing Corporations in different States, as also different other organisations in the State of Kerala in which the State Government has control, is 58 years and there is no room, rhyme or reason to peg the retirement age of the employees of the Corporation at 55 years and such situation results in hostile discrimination and amounts to classification with no intelligible differentia. It is contended that the situation violates Articles 14 and 16 of the Constitution.

5. The Corporation has filed a counter-affidavit (adopted in the different matters) refuting the contention of the petitioners that the intervention of the State Government is not necessary to amend the Regulations. It is contended that the State Government had refused to approve the recommendation of the Board to enhance the reti