- (1.) THE petitioners have filed the present writ petition under Ar ticle 226 of the Constitution of India, inter alia, praying for issuance of writ, order or direction in the nature of mandamus commanding and directing the respon dents to pay three months' salary alongwith the allowances and interest thereon to the petitioners, and further for issuance of writ, order or direction in the nature of mandamus commanding and directing the respondents to pay interest on the amount concerning gratuity, earned leave and encashment to the petitioners for delay period.
(2.) AS per the averments made in the Writ Petition, the petitioners were senior employees/officers of M/s Project and Development India Ltd. (hereinafter also referred to as "the said Company" or "the PDIL") at its NOIDA Office, District-Gautambudh Nagar; and that all the petitioners have served the said Company for about 30 years or more. The respective posts held by the petitioners are mentioned in paragraph 3 of the Writ Petition while the respective Dates of Birth of the petitioners are men tioned in paragraph 4 of the Writ Petition. It is, inter alia, further averred in the Writ Petition that the said Company is a Government of India undertaking and is under the administrative control of Min istry of Chemical and Fertilizer, Department of Fertilizer, Government of India; and that 100% shares of the said Company are owned by the President of India and the said Company is managed by the Chairman and Managing Director and Board of Directors appointed by the Government of India.
(3.) IT is, inter alia, further averred in the Writ Petition that the said Company adopted the Rules and Regulations of the Fertilizer Corporation of India; and that as per Rule NO. 23, normal age of superannuation of the employees was 58 years. It is, inter alia, further averred in the Writ Petition that the Government of India raised the retirement age of its employees (Central) from 58 years to 60 years; and that the said Company by its Circular dated 25. 8. 1998 adopted the said directive of the Government of India in the meeting of the Board of Directors held on 28/29. 5. 1998 and raised the retirement age of its employees from 58 years to 60 years; and that accordingly, the aforesaid Rule No. 23 of the Fertilizer Corporation of India Services Rules as adopted by the Board of Directors of the said Company stood deleted, and the same was substituted by a new Rule No. 23 wherein, it was, inter alia, provided that the normal age of superannuation of the employees would be 60 years.;