D PURUSHOTHAMAN Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) IN W. P. No. 18612 of 2000, there are 7 petitioners and in W. P. No. 20255 of 2000, there are 8 petitioners and they are all working in the Chennai Port Trust, belonging to non-workmen category. The challenge in these two petitions is to item No. 12 on the agenda of Resolution No. 72 passed in Meeting No. 4 of the year 2000-2001 dated 31. 8. 2000 and Resolution No. 133 of Meeting No. 7 of the year 2000-2001 of the Board of Trustees of the second respondent relating to the reduction of the age of superannuation for the employees of the second respondent Port Trust from 60 to 58 years.

(2.) ACCORDING to the petitioners, originally, when they entered into service, the Service Regulations provided that the employees will get their superannuation on attaining the age of 58 years. Subsequently, by an amendment made to the Regulations with effect from 31. 5. 1998, the age of superannuation was increased from 58 to 60 years. Excepting the eighth petitioner in W. P. No. 20255 of 2000, all the other petitioners were continuing the service on the basis of the amended Regulations. However, once again, the Port Trust rolled back the age of retirement from 60 to 58 years by their meeting held on 31. 8. 2000 and the age of superannuation was reduced with effect from 01. 12. 2000. The amended Regulations was sent for approval by the first respondent Union of India by virtue of Section 28 of the Major Port Trusts Act. It is at this stage, W. P. Nos. 18612 and 20255 of 2000, have been filed.

(3.) IN W. P. No. 380 of 2001, there are 16 petitioners challenging the roll back of age of retirement from 60 to 58 years.