PRADIP KUMAR BANERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition the petitioners have challenged the Resolution of 50th Board Meeting of the respondent company circulated by the reference being No. GS-I/IAL/(50)/99 dated 6th January, 2000 whereby the respondent company has rolled back the retirement age of the employees below the board level from 60 years to 58 years. Incidentally it is mentioned that on or about 27th May, 1998 in its 39th Board Meeting pursuant to the direction given by the Central Government the respondent Corporation decided to fix the retirement age of the employees below the board level at 60 years in place of 58 years. Accordingly necessary amendment in the service regulation was incorporated and has been acted upon. The decision of rolling back with regard to retirement age has been taken pursuant to an exemption granted by the Central Government in terms of subsequent notification dated 21st August 1998.

(2.) Mr. Saktinath Mukherjee, learned senior advocate appearing on behalf of the petitioners submits that this decisions is wholly arbitrary, illegal and discriminatory in nature. The Central Government has taken a decision allowing all the Government of India undertakings and all Central Government organizations to fix the retirement age of the employees at 60 years from 58 years. This is policy decision of Government of India.

(3.) He contends subsequent Memorandum dated August 21, 1998 is only an enabling provision for seeking exemption from operation of the earlier decision cannot be public policy of any kind. The said memorandum suffers from infirmities in absence of any guideline and/or criteria and/or norms laid down the Government of India under which circumstances such exemption can be granted. So this right of having exemption ultra vires Article 14 and 16 of the Constitution of India. In support of his submission he relies on the following decisions of Supreme Court reported in, as follows: (i) AIR 1981 SC 1829, (ii) AIR 1980 SC 1801, (iii) AIR 1994 SC 988, (iv) AIR 1993 SC 142 and (v) AIR 1997 SC 2758.