PREMALATA PANDA Vs. STATE OF ODISHA AND ORS.

JUDGEMENT

(1.) The petitioner who was working as a Senior Stenographer in the Office of the Cuttack Development Authority ( in short CDA) has filed this application seeking for following relief:

(2.) The skeletal facts outlining the factual conspectus would be briefly narrated so as to better comprehend the issues seeking adjudication.

(3.) The petitioner having successfully completed Short Hand and Typewriting Test conducted on 05.12.1983 was given appointment for the post of Junior Stenographer in the office of the Cuttack Development Authority, hereinafter to be referred to as "CDA"- opposite party no.2 herein. Accordingly, she joined in service on 13.07.1984 on contractual basis. After rendering service for a period of one year, vide Memo No. 6477 dated 23.07.1985, she was allowed to continue in service until further orders. Considering her efficiency and ability she was promoted to the post of Senior Stenographer. While she was so continuing, vide Office order No. 7903 dated 22.05.2014, Annexure-2, the CDA published the name of persons to retire during the year 2015-16 on attaining the age of superannuation at the age of 58 years, which includes the name of the petitioner at serial no.06 and her date of superannuation being 30.06.2015 on attaining the age of 58 years. When the matter stood thus, a resolution was passed by the Government of Odisha in Finance Department on 28.06.2014 enhancing the retirement age of the State Government employees on superannuation and thereafter necessary amendment to Rule 71(a) of the Odisha Service Code by revising the same from 58 years to 60 years was done. Such enhancement has been made considering the significant improvement in average life expectancy in recent years and also following the foot print of Central Government modifying the age of superannuation of the employees of the State Government by enhancing the age from 58 years to 60 years. The Government of Odisha vide Resolution No. 1775-Cor.-I-45/2014-PE dated 02.08.2014 allowed the enhancement of age of retirement on superannuation in respect of the employees of the State Public Sector Undertakings from 58 years to 60 years, which was published in the Official Gazette on 18th August, 2014, vide Annexure-4. Pursuant to such notification, employees of the Orissa Small Industries Corporation Limited have been extended with such benefits with immediate effect. So far the employees of Urban Local Bodies are concerned, the Government of Odisha by resolution dated 07.02.2015 enhanced the retirement age from 58 years to 60 years, but so far as the employees of CDA are concerned, though recommendation has been made by CDA vide Annexure-6 series, till date no decision has been taken. Hence this petition.