BRAJAMOHAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners' case may be stated in short. Petitioners: 1 to 4 are Gazetted officers who respectively retired on 2-3-1974, 9-2-1974, 4-3-1974 and 31-3-1974, Petitioner No. 1 was the Private Secretary- eum-Judgment Writer to the Chief Justice of Orissa, Petitioner No. 2 was Joint Secretary to Government, Revenue and Excise, Petitioner /No. 3 was Deputy Secretary to Government, Agriculture and Co-Operation and petitioner No. 4 was an Assistant Surgeon. All of them are governed by Rule 71 of the Orissa Service Code. Prior to 1-12-1962 the age of superannuation was 55 years. On 1-12-1962 it was enhanced to 58 years. It was reduced to 55 years with effect from 1-8-1968. It has again been enhanced to 58 years with effect from 11-6-1974. As in 1968 the age of superannuation was reduced to 55 years it led to great discontentment in public service and there were representations from Service Associations for restoration of the age of superannuation at 58 years. In April, 1973 the Fourth Pay Committee (hereinafter to be referred to as the Committee) was constituted under the Chairmanship of Shri B. C. Das Bar-at-Law, a retired Judge of this Court with Dr. Bidyadhar Misra, Professor and Shri R. N. Das IAS, Secretary, Finance Department, as Members. One of the terms of reference to the committee was '"To review and suggest changes in the existing service conditions with particular reference to leave and retirement conditions benefits. "The committee was to submit its recommendations by 31st of December, 1973. It, however, submitted it in March, 1974. The . recommendation of the committee was "The age of superannuation of Government employees should be 58. For the Class IV employees, it should be 60 years. The maximum number of qualifying years to count for pension and terminal benefits should be 33." The committee said:

(2.) In the counter affidavit most of the facts are not challenged. Fixation of 11th of June, 1974 as the date with effect from which the enhanced age of superannuation would come into force is justified, as rational. It was asserted that Government found no necessity to recall persons who had already retired by the date the decision was taken. Allegations of mala fides have been. denied. No affidavits have, however, been filed to deny the fact that Shrimati Saraswati Panigrahi is a close relation of the Chief Minister, that she was retired on 12-6-1974 and that there was condonation of break in her service for a period of about six years. Objection was also taken that one writ application by four petitioners is not maintainable.

(3.) On the aforesaid pleadings, the following questions arise for consideration: