NARAYAN CHANDRA SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in all the aforesaid writ applications have challenged the directions issued by the Ministry of Surface Transport and the decision/resolution of the Board of Trustees, Paradip Port Trust by which the age of retirement of Class I, II and III employees of Paradip Port Trust has been reduced from 60 years to 58 years as well as the approval of the Central Govt. thereof.

(2.) Petitioner in O.J.C. No. 13265/2000 was appointed as Deputy Traffic Manager on 20.2.1976. He was promoted to the post of Additional Traffic Manager on 1.11.1988 and was appointed as Chairman, Management Committee, Paradip Port Trust on 7.9.1993. He was further promoted to the post of Traffic Manager on 20.10.2000 and is continuing in the said post. Out of three petitioners in O.J.C. No. 10134/2000 petitioners 1 and 2 are working in Class I and Class II posts in the capacity of Assistant Engineer and Engine Room Sarang respectively. Petitioner No. 3 being an officer of the Port is interested in the proceeding as in view of the decision of the Board of Trustees and the Central Government he would be deprived of the benefit of the enchanced retirement age and therefore has approached this Court. Sixteen petitioners in O.J.C. No. 13282 of 2000 are also similarly placed as that of employees in O.J.C. No. 10134/2000 and have approached this Court in the aforesaid relief. Petitioner in O.J.C. No. 763/2001 is working as Executive Engineer, Electrical in Class I service in the department of Project Implemented Officer under the Paradip Port Trust and the petitioners in O.J.C. No. 1916/2001 are similarly placed as that of petitioners in other writ applications working in Class I, Class II and Class III employees under the Paradip Port Trust. Since the grievance of the petitioners in all the writ applications is the same and prayers in the writ applications made are also same, all the cases were heard together and are being disposed of in this judgment.

(3.) Case of the petitioners is that Fundamental Rule (F.R. 56) covering the field of retirement of Central Government employess prior to its amendment provided that every Government servant shall retire after he/she attains 58 years of age. On 13.5.1998 the Government of India in the Ministry of Personnel, Public Grievance and Pension vide office memorandum was pleased to inform that the President of India after careful consideration of the recommendations made by the Fifth Central Pay Commission was pleased to direct that every Government servant whose age of retirement is currently 58 years shall now retire from service in the afternoon of the last day of the month in which he/she attains the age of 60 years. A copy of the said memorandum has been annexed to this writ applications as Annexure-2 in O.J.C. No. 13265/2000. Consequent to the notification by the Government of India dated 13.5.1998 and in exercise of the powers under Article 309 of the Constitution of India, the FR-56 was amended and the age of retirement was extended to 60 years from 56 (58 ?) years. On 28.5.1998 consequent to the amendment of the Fundamental Rules, the Government of India in the Ministry of Surface Transport (Ports Wing) intimated the Chairmen of all the Major Ports and Dock Labour Boards that the employees whose age of retirement is currently 58 years shall retire from the service of the Port at the age of 60 years. On 29.5.1998 the aforesaid order of the Government of India dated 28.5.1998 raising the age of retirement from 58 years to 60 years was placed before the Board of Trustees and the Board of Trustees of the Paradip Port Trust approved the same. On 29.5.1998 also the Ministry of Surface Transport conveyed the sanction of the Central Government to the Chairman, Paradip Port Trust in adopting the amendments to the provisions of FR-56 as per the Paradip Port Trust (Adaptation of Rules) Regulations, 1967. On 30.51998 after the approval of the Central Government the Paradip Port Trust issued an office memorandum extending the age of superannuation to 60 years.