JUDGMENT

Rajendra Babu, J.-Pursuant to the recommendations of the Fifth Central Pay Commission, Government of India issued an Office Memorandum (OM) No. 25012/2/87 -Col (A) dated 13th May, 1998 enhancing the retirement age of Central Government Employees to sixty years from fifty-eight years. It was also provided that OM would come into force with effect from the date of Notification of amendment to the relevant rules and regulations. To a similar effect Department of Public Enterprises, Ministry of Industry, Government of India issued another OM No. 18(6)/98-GM-GL-002 dated 19th May, 1998 making it clear that such increase in age of retirement would come into force from the date the relevant rules and regulations of the PSEs concerned are amended by the concerned Public Sector Enterprises. As per this OM the Board of Directors of the Fertilizer Corporation of India Ltd. (FCIL) considered the matter and passed a resolution on 6th July 1998. Relevant portion of which reads:

"..The Board noted that FCIL was referred to BFIR in April 1992 and declared sick in November 1992. No revival package has been approved by BFIR so far. Gorakpur Unit is closed since June 1990 carrying surplus of 1