GANESH CH BARUAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr A. Dasgupta, learned counsel for the petitioners and Ms B. Dutta, learned counsel for the respondents - Hindustan Fertilizer Corporation Ltd.

(2.) By this common judgment both the Civil Rule No. 6451/98 and WP(C) No. 2822/99 are being disposed of as common question of facts and law arises in both the cases.

(3.) Three writ petitioners were serving in Hindustan Fertilizer Corporation Ltd. (hereinafter referred to as 'HFC') which is a Govt. of India Undertaking. The age of retirement in the public sector undertakings was 58 years and vide office memorandum No. 20.5.1998 it was enhanced to 60 years. The three writ petitioners, therefore, approached this Court in Civil Rule No. 6451/ 98 for a direction that they should be allowed to continue till attaining the age of 60 years. Some interim order was passed by this Court. The respondent - HFC contested the matter by filing written statement stating, inter alia. that HFC is a sick organisation and in view of subsequent office memorandum dated 21.8.98 sought exemption from operation of the Memo dated 20.5.1998. The Memo dated 21.8.98 provides: In case any administrative Ministry or Public Sector Undertaking does not want to increase the age of retirement of its employees, specific exemption from operation of the aforesaid decision would be necessary." The HFC accordingly applied for exemption in exercise of the provisions made in the above office memorandum. During the pendency of the proceedings, exemption was granted by the Government of India vide their letter dated 31.12.99. In view of the above exemption granted by the authority, the counsel for the petitioner fairly submits that the earlier prayer for the extension of age upto 60 years may not be available, but the limited prayer of the petitioner is that exemption shall be made effective from the date of issue of letter dated 31.12.99 and till then the petitioners should be deemed to be in service.