- (1.) Heard Sri Deepak Kumar, Advocate holding brief of Sri Rahul Agarwal, learned counsel for the petitioners and Sri Shivam Yadav, learned counsel for the respondents no.2 and 3 (Noida Authority) as well as the learned Standing Counsel for the State of U.P.
(2.) The Noida Authorities to be in conformity with various State agencies, the details of which are being provided here as under, enhanced the retirement age of its employees to 60 years in a Board meeting. The State authorities which had enhanced the retirement age of their employees from 58 to 60 are being enumerated here as under: (i) The State of U.P. :- By the order of the State Government dated 28.11.2001 the fundamental Rule 56 (a) was amended and the age of retirement of a government servant was enhanced from the age of 58 to 60 years. (ii) The Krishi Utpadan Mandi:- By the order dated 16.5.2005 the State Government had enhanced the retirement age of the employees of Krishi Utpadan Mandi Samiti from 58 to 60. (iii) The U.P. Jal Vidyut Nigam:- By the Government Order dated 15.12.2006 the retirement age of the employees of U.P. Raj Vidyut Utpadan Nigam Ltd. was enhanced to 60 years of age and (iv) The Lucknow Prani Udyan:- By the order dated 6.7.2007 the State Government had enhanced the retirement age to 60 years of its employees of the Lucknow Prani Udyan.
(3.) Learned counsel has stated that initially the question of enhancement of retirement age was considered by a Board meeting of the Noida Authorities on 29.6.2002, immediately after the State Government had amended the Fundamental Rule 56(a) on 27.6.2002. Thereafter, on 22.3.2005, by way of a reminder the Chairman and the Chief Executive Officer of the Noida Authorities had again written to the State Government that they had, by their earlier resolution, enhanced the retirement age from 58 years to 60 years and that an approval be given. However, on 22.9.2009, the State Government communicated its decision to the Noida Authorities that they were not in favour of extending the age of retirement from 58 to 60 years and that the age of retirement would continue as 58 for the employees working with the Noida Authorities. The order of the State Government dated 22.9.2009 was assailed in Writ Petition No. 48162 of 2010 and this Court disposed of the writ petition with the following order: "13. Having regard to facts and circumstances, we dispose of the writ petition with directions that NOIDA may consider the matter in its next Board meeting, taking into account its earlier resolution made in the year 2002, to bear the financial burden, after financial assessment of such burden, and the effect of increase of retirement age on other employees. It may thereafter refer the matter to the concerned Administrative Department of the State Government for its evaluation and recommendation, and for forwarding the same to the State Government for its approval. We also direct that if such a decision is taken by the State Government, it will be open to the State Government to consider to give effect to the increase in the age of retirement with effect from the date when the NOIDA had resolved to bear the financial burden, or from any such date, which the State Government may find it expedient.";