Sudhir Agarwal, J. - (1.) This case has been taken on the mention made by learned counsel for petitioners.
(2.) Heard Sri A.P. Singh, learned counsel for petitioners and learned Standing Counsel for respondents.
(3.) Petitioners are working on different posts like Accountant, Logging Assistants, Deputy Logging Officers in U.P. Forest Corporation. The age of retirement in U.P. Forest Corporation was 58 years. All these petitioners attained the age of 58 years on various dates in the year 2012 and retired accordingly. The case set up by petitioners is that the Board of Directors of U.P. Forest Corporation passed a resolution and communicated it to Principal Secretary, Forest vide Managing Director's letter dated 23.12.2011 about enhancement of age of retirement of employees from 58 years to 60 years. It sought approval of the State Government for change of age of retirement which has now been granted by order dated 8.3.2013 (Annexure 1 to the writ petition). It is not the case of petitioners that the Corporation itself possess absolute power with regard to change of conditions of service of its employees and there was no requirement of approval of the State Government. That being so, the approval having been granted by order dated 8.3.2013, it cannot be said that it will have a retrospective effect. The employees who have already retired on attaining the age of 58 years cannot claim to have a right to continue till the age of 60 years, since decision has partaken shape of an order only after issuance of Government Order dated 8.3.2013. It is well settled that a mere decision by itself is not executable unless it partakes the status of an order, i.e., by communication or publication so as to make it known to all concerned. In the present case, the Board of Directors passed a resolution and thereafter sought approval of the State Government. It is not the case of petitioners that before issuance of order dated 8.3.2013 by State Government, at any point of time, the decision of Board of Directors became an order by its publication so as to get implemented having the effect of changing the earlier existing provision.;