KAILASH SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 30.05.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 312/2011, whereby the petitioner's said original application was dismissed.

(2.) BEFORE the Tribunal the petitioner had contended that the retirement age of 60 years ought to have been applied to him on the date when he was superannuated, i.e, on 31.03.2010. According to him the applicable age for retirement was 60 years and not 58 years.

(3.) WE find that pursuant to the 5th Pay Commission recommendations the DTTDC (Delhi Tourism & Transportation Development Corporation) had passed a resolution on 28.06.1999 increasing the retirement age of its employees from 58 years to 60 years. Subsequently, a circular was also issued to this effect on 02.11.1999. However, the government had taken a decision on 25.09.2001 to roll back this increase in the superannuation age from 60 to 58 years. This was immediately implemented by the DTTDC by a resolution of 25.09.2001 itself and as such as per the said resolution, the retirement age of 60 years was sought to be rolled back to 58 years. Shortly thereafter the Government of NCT of Delhi, on reconsideration, decided to keep the roll back in abeyance and this is evident from a circular dated 28.09.2001. Unfortunately for the petitioner, no such resolution was passed by the DTTDC keeping the roll back in abeyance. It is, thereafter, that on 31.03.2010 the petitioner superannuated inasmuch as he had attained the age of 58 years. On 08.11.2010 the age of superannuation of the DTTDC employees was once again raised from 58 to 60 years with effect from 02.11.2010. Since the petitioner had already retired by then, this increase in the superannuation age from 58 to 60 years was not applicable to him.