G S BHOGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner is an engineer working in the third respondent/corporation. Before the Report of the Fifth Pay Commission, as per the rules, he was to retire on attaining the age of 58 years. The Fifth Pay Commission had recommended the enhancement of the retirement age to sixty years for Government servants. On 13th May, 1998, the Government of India issued a notification fixing the age of retirement at 60 years for Government employees. On the 19th of May, 1998, the Ministry of Industry issued an Office Memorandum directing the public sector undertakings to fix the age of retirement at 60 years with reference to the employees below the Board level. On the 9th of June, 1998, the said Office Memorandum was forwarded by the second Respondent, Ministry of Industry, to the third Respondent/Corporation. The third respondent, according to the Petitioner, has not taken any steps.

(2.) On the 22nd of July, 1998, a letter was issued to the Petitioner that he would be retired on the 31st of August, 1998. When this was so, two employees of the Corporation, similarly situated like the Petitioner, move the Calcutta High Court for direction to the Corporation to issue rules fixing the age at 60 years. The Calcutta High Court, disposing of the Writ Petition No. 11531 (W) of 1998, held:

(3.) . The third respondent had filed its counter and had taken the stand that until the rules are framed by the Corporation, the Petitioner cannot insist on to continue in service until he attains the age of 60 years.