RAJENDRA NARAYAN PATRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the accompanied writ petition, the petitioner challenges the legality and propriety of the retirement notice on attaining the age of 58 years w.e.f. 31.05.2017 being contrary to the resolution of the Finance Department dated 28.06.2014 and also incongruous and inconsistent with the order passed by the Odisha State Agricultural Marketing Board (hereinafter to be called as "the Board").

(2.) The facts as averred in the writ petition in a nutshell is that the petitioner was initially appointed as Junior Clerk on 04.05.1988 and subsequently promoted to the rank of Senior Clerk on 14.03.1995. After undergoing the process of selection, he was appointed as Deputy Marketing Officer and joined in the said post on 20.02.2004. While continuing as such, he was allowed to retire from services on 31.05.2017 by notice dated 31.05.2017 issued by the Member Secretary of the Board wherein it was stated that the petitioner has attained the age of superannuation of 58 years of age as on 31.05.2017. It is stated in the writ petition the date of birth of the petitioner as per High School Certificate Examination issued by the Board of Secondary Education was 15.05.1959. Therefore, the petitioner was made to retire at the age of 58 years which was not the age of superannuation for the employees of the Board. The State Government in Finance Department issued a resolution dated 28.06.2014 by which the Government have decided to enhance the retirement age of the State Government employees on superannuation from 58 years to 60 years. The Government of Orissa in Public Enterprises Department vide Resolution dated 02.08.2014 allowed the enhancement of age of retirement on superannuation in respect of the employees of State Public Sector Undertakings from 58 to 60 years.

(3.) Learned counsel for the petitioner submitted with vehemence that the petitioner was made to retire at the age of 58 years on superannuation on 31.05.2017 in view of retirement notice issued by the Board on 31.05.2017 vide Annexure-1 to the writ petition. He further submitted that the petitioner was not allowed to continue in service till the age of 60 years though similarly situated employees like the petitioner was allowed to continue in services up to 60 years and the Odisha State Agricultural Marketing Board has enhanced the age of retirement of the employees of the Regulated Market Committee from 58 to 60 years. Learned counsel further submitted that on 31.10.2017, the Board had resolved to enhance the age of retirement of its employees from 58 to 60 years which was after three years and four months of passing of the resolution by the State Government under Annexures-3 & 4 only to harass the petitioner.