J C SAHA Vs. CHRISTIAN MEDICAL COLLEGE

JUDGEMENT

(1.) The petitioners in these writ petitions are the employees of the Christian Medical College, Ludhiana Society at Ludhiana (hereinafter referred to as 'the Society'). The Society is registered under the Societies Registration Act No. XXI of 1860. The Society has its service regulations which contain the rules and conditions governing the appointment, employment and other matters incidential to and connected with such employment, of all staff members of the Society. Regulation No. 29 is regarding the age of retirement. Before the amendment in the year 1978 which is with effect from 1.6.1978, the provision for retirement age was as follows : (i) All staff members shall retire on attaining the following ages of retirement :- Man Woman Group I 65 years 60 years Group II 65 years 60 years Group III 60 years 55 years

(2.) From 1.6.1978, the regulations were amended and the retirement age for all the staff members, both male and female was fixed at the age of 60 years. However, it was also provided that Group I and Group II male staff members who are already in employment and who in the ordinary course of events would retire at the age of 65 years will continue to do so. It was also provided by the said amendment that woman of Group III who were retiring at the age of 55 may have the option to retire at the age of 60 years according to the new rules.

(3.) In 1993 another change was brought about and the retirement age for all staff members both male and female was fixed at the age of 60 years with effect from 9.10.93. The petitioners being aggrieved by the 1993 amendment, have challenged the same alleging that it has retrospective effect and retrospective effect cannot be given so far as the age of retirement is concerned.