GYAN CHAND SAW S/O LATE KOD NARAYAN SAW Vs. STATE OF JHARKHAND THROUGH PRINCIPAL SECRETARY
LAWS(JHAR)-2018-9-60
HIGH COURT OF JHARKHAND
Decided on September 28,2018

Gyan Chand Saw S/O Late Kod Narayan Saw Appellant
VERSUS
State Of Jharkhand Through Principal Secretary Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the captioned writ application, the petitioner has inter alia prayed for quashing letter no. 68/09 dated 01.07.2009 as also letter No. 71/09 dated 01.07.2009 whereby petitioners have been ordered to retire from the services of the corporation w.e.f 31.07.2009 on attaining the age of 58 years against the decision of Corporation itself and; further prayer has been made for direction upon the respondents to allow the petitioners to continue in services till they attain the age of 60 years in the tune of policy decision of State Government.
(2.) Heard Mr. Naresh Prasad Singh, learned counsel for the petitioner; Mr. D.K. Dubey, learned Sr. S.C I for the State and Mr. Saurav Arun, learned counsel for the respondents-corporation.
(3.) Learned counsel for the petitioners submits that the Government of Jharkhand, Department of Personnel, Administrative Reforms & Rajbhasa vide its Resolution dated 26.10.2004 was pleased to resolve that in the light of recommendation of Fitment Committee-cum-5th Pay Revision Commission, the pay-scale and other service conditions of the State Government employees would be at par with the Central Government employees and accordingly age of retirement of the State Government employees was enhanced from 58 years to 60 years. Consequent thereupon, the Board of Directors of the respondents-corporation in its 14th meeting held on 24.09.2005 enhanced the age of superannuation from 58 years to 60 years w.e.f 20.12.2004. Further, the matter went up-to the Hon'ble Apex Court, wherein the Hon'ble Apex Court confirmed the order of enhancement of age of superannuation from 58 to 60 years in S.L.P (C) No. 18316 of 2006.;


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