ARCHANA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE Petitioners, who are the ministerial employees of the Council of Higher Secondary Education, Orissa (hereinafter referred to as "the Council") have filed this writ application praying for issuance of a direction to the Council to implement its resolution dated 8.11.2005 whereby it has fixed the age of superannuation of its ministerial employees at 60 years instead of 58 years and for a declaration that the action of the Council in forwarding the aforesaid proposal for fixation of the date of superannuation as 60 years to the State Government is contrary to the provisions of the Orissa Higher Secondary Education Act and the Regulations framed thereunder.

(2.) THE facts of the case, as enumerated in the writ application, are as follows:

(3.) OPP . Party No. 2 has filed a counter -affidavit taking a stand therein that as per Regulation 70(iv), the Executive Committee of the Council has been empowered to determine the ministerial establishment of the council and other establishment lower in rank, including the creation of post, their salaries and other emoluments, subject to such provisions as the regulations may contain, conditions of their service including appointment, leave, discipline, pension, provident fund benefits. Although the Executive Committee of the Council has been conferred with absolute power to decide the structure/design of the ministerial establishment of the council, so far as the service condition, etc. are concerned in particular relating to superannuation age of an employee, the same is required to be made by amending the service rules/regulations and approval of the Government is statutorily required for the above purpose.