- (1.) It is contended that the State Government has taken decision to extend the age of superannuation from 58 to 60 years in respect of Local Self-governed Bodies and a copy of the aforesaid Government Order has been placed on record as Annexure 3 to the Writ Petition. By means of impugned notice dated 6.4.2013, petitioner has been informed that he has completed the age of 58 years, i.e., the existing age of superannuation on 31.8.2013. The question up for consideration is whether the aforesaid Government Order would result in extending the age of superannuation from 58 to 60 years in respect of petitioner.
(2.) I have carefully read the entire order and find that it has communicated a policy decision of State Government that the age of superannuation of employees and Officers in Local Self-governed Bodies would be extended from 58 to 60 years after following the procedure laid down therein. The procedure has also been prescribed in paras 1 to 6 thereof, which read as under: English Translation by the Court: (1) Before considering enhancement of age limit from 58 years to 60 years for retirement of employees/officers of the concerned autonomous body, functional requirement shall be ascertained to see which posts have gone short of or out of utility as of now. The process of scrapping of such less useful/useless posts shall be initiated by the body. (2) It shall, thereafter, be seen at the level of the body how much additional burden of expenditure shall arise if the age of superannuation is enhanced from 58 years to 60 years. (3) After assessment of the financial burden, approval of the governing body shall be obtained on presentation of a proposal by the body to the governing body specifying clear provisions for affording such financial burden. After getting approval from the governing body, the said proposal shall be made available by the body to its Administrative Department. (4) The Administrative Department, while looking into the proposal, shall ensure: (i) Whether or not recommendation has been made for the bodies operated with 100% Government grant after keeping in view the burden of expenditure as contained in the aforesaid proposal and the savings accruing from the scrapping of useless posts. (ii) The bodies run partly with the Government grant shall be allowed as grant, from the budgetary provision, so much percentage of amount from the burden of additional expenses, contained in the proposal, as much percentage of amount that is being allowed by the state Government as grant to such bodies and in order to examine whether the said body has sufficient resources or not to bear the remaining burden of expenses, the savings accruing from the scraping of non-useful posts shall also be taken into consideration. (iii) Whether or not the bodies running with their own means have sufficient resources to bear the burden of expenses as contained in the aforesaid proposal. (5) After ensuring the aforesaid arrangement the proposal alongwith the recommendation shall be referred to the concerned Finance (Expenditure Control) Section for their consent and approval from the Finance Department shall be obtained. (6) On receipt of approval from the Finance (Expenditure Control) Department on the aforesaid proposal, consent from the Cabinet shall be obtained by the concerned Administrative Department for enhancement of age of superannuation of the employees/officers of the body from 58 years to 60 years and accordingly an order shall be issued with consent from the Finance Department.
(3.) It is, thus, evident that until the aforesaid procedure is completed and pursuant thereto a decision is taken by Council of Ministers and approval of Finance Department is obtained and then an order is issued, till that date, the said Government Order would not have any effect of change in the age of superannuation and it would continue to be governed by the existing provisions. As and when new provision comes into existence, it will operate prospectively, unless made operative retrospectively.;