JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

On 30 September 2012, the Government of Uttar Pradesh acceded to a proposal of the Appellant to enhance the age of superannuation of its employees from fifty-eight to sixty years, prospectively. A Division Bench of the High Court of Judicature at Allahabad set aside the decision of the State government to give prospective effect to the enhancement in the age of superannuation and in the exercise of its power of judicial review under Article 226 of the Constitution directed that retrospective effect be given to the Government Order from 29 September 2002. The appeals by New Okhia Industrial Development Authority ["NOIDA"] and the State of Uttar Pradesh question the correctness of this determination. Simply put, the appeals raise the issue as to whether the High Court has transcended the limits of its power of judicial review.

I. The Facts

2. The New Okhia Industrial Development Authority is constituted under the provisions of the UP Industrial Area Development Act 1976 ["the Act".]. The object was to constitute an authority for the development of certain areas of the State notified under Section 3 of the Act, into industrial and urban townships