DHARM RAJ SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) It is contended that the State Government has taken decision to extend the age of superannuation from 58 to 60 years in respect of Local Self-governed Bodies and a copy of the aforesaid Government Order has been placed on record as Annexure 3 to the Writ Petition. By means of impugned notice dated 6.4.2013, petitioner has been informed that he has completed the age of 58 years, i.e., the existing age of superannuation on 31.8.2013. The question up for consideration is whether the aforesaid Government Order would result in extending the age of superannuation from 58 to 60 years in respect of petitioner.

(2.) I have carefully read the entire order and find that it has communicated a policy decision of State Government that the age of superannuation of employees and Officers in Local Self-governed Bodies would be extended from 58 to 60 years after following the procedure laid down therein. The procedure has also been prescribed in paras 1 to 6 thereof, which read as under:

(3.) It is, thus, evident that until the aforesaid procedure is completed and pursuant thereto a decision is taken by Council of Ministers and approval of Finance Department is obtained and then an order is issued, till that date, the said Government Order would not have any effect of change in the age of superannuation and it would continue to be governed by the existing provisions. As and when new provision comes into existence, it will operate prospectively, unless made operative retrospectively.