S SADASIVAM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) These two writ appeals are directed against the common order dated 16 November, 2007 in W.P.Nos.380 and 640 of 2001, whereby and whereunder, the challenge made to the resolution passed by the Board of Management of the Chennai Port Trust reducing the age of superannuation from 60 to 58 years, was rejected. BACKGROUND FACTS:

(2.) The appellants were the employees of the Chennai Port Trust. Originally, the age of retirement in the Port Trust was 58 years. In the year 1998, the Central Government, pursuant to the report of the V Pay Commission, recommended raising the retirement age to 60 years, even in autonomous bodies and organisations controlled by the Central Government. The said direction was implemented by the second respondent, whereby, the retirement age was increased from 58 to 60 years. The revised regulation was published in the Official Gazette on 25 August, 1998. Since the amendment was given retrospective effect, those employees, who had already attained the age of 58 years and who were continuing in office under extension of service, were allowed to retire on completion of the period of extension. But the employees, who had attained the age of 58 years after May, 1998 were given two years extension and they were allowed to retire after attaining the age of 60 years.

(3.) While the matters stood thus, the Government of India appears to have taken a decision to roll back the age of retirement from 60 to 58 years, in all the major ports in India with an intention to reduce the man power at the ports. A letter to that effect was issued by the Government of India on 17 April, 2000 to all the Ports to implement the change in the matter of retirement age. This direction was implemented by the second respondent Board, as per resolution No.72 dated 31 August, 2000 and as per the said resolution it was decided to roll back the age of retirement to 58 years. Subsequently, the Board of trustees of the Port Trust, as per resolution No.89 dated 22.9.2000, decided to implement the reduction in the retirement age with effect from 31 March, 2001, in view of the difficulties expressed in filling up of the vacancies in optional posts. The said resolution was rejected by the Government of India. Subsequently, the second respondent Board took a decision to give effect to its decision to roll back the age of retirement from 30 January, 2001.