JAGDAMBA DEVI Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The petitioner was appointed as a Peon on 19.05.1993, in Chandigarh Industrial and Tourism Development Corporation Limited (in short "CITCO"). She is due to retire on attaining the age of superannuation, i.e. 58 years on 30.11.2020. Through the writ petition, the petitioner claims that she is entitled to retire on attaining the age of 60 years and not at the age of 58 years. The entire case of the petitioner is based upon the Office Memorandum/Circular, issued by the Chandigarh Administration on 30.03.2020, adopting the communication of the Government of Punjab, Department of Finance, issued on 02.03.2020. She claims that since the State of Punjab has, while amending the Punjab Civil Service Rules, notified that the retirement age of Group 'D' employees would be 60 years which has been adopted by the Chandigarh Administration, therefore, she is entitled to continue in the service.

(2.) Pursuant to supply of an advance copy of the writ petition, Ms. Madhu Dayal, Advocate, has appeared for CITCO and taken a stand that the respondent-Corporation is an independent and autonomous body and not bound by all the decisions taken by the Administration. Hence, she submits that the Corporation has taken a conscious decision, not to adopt the aforesaid Circular. She relies upon judgment in Suresh Chandra Singh and others Vs. Fertilizers Corporation of India Ltd. and others , 2004 1 SCC 592.

(3.) This Court has heard learned counsel for the parties at length and with their able assistance perused the paper book.