Fixed age of retirement established at the time of appointment cannot be altered to the detriment of employees, and any amendments operate prospectively.

JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. After the extensive submissions of the learned Advocates for the respective sides on 12^th March, 2025, on account of paucity of time, we posted these matters today, for dictation of order.

3. These are peculiar cases which rest purely on peculiar facts and the interpretation of law. Whether the prescribed age of retirement of employees, as fixed at the time of their entry in service, could be abruptly altered to their prejudice?

4. For clarity, we are reproducing a ready reference chart to indicate the details of each Petitioner, in the form of a Bird’s Eye View.

The same is reproduced as under :

5. The only dispute as regards whether a Petitioner is in the teaching or non-teaching category, is with reference to Petitioner No. 2 in Writ Petition No. 8668 of 2019, namely, Dr. Baban Jogdand. It is claimed that he was in the teaching category. He is still in employment and is posted as Research Officer (Publication) from 17.5.2007.

The learned Advocate for the Petitioners points out that Dr. Baban Jogdand has two PHD Thesis to his credit (double Ph. D. holder), has 23 degrees in graduation/post graduation/diploma and has published7 books and 29 Articles in Journals of high repute.

The learned Advocate for the Petitioners contends that earlier he was in the teaching faculty considering his huge educational qualification. Presently, he is appointed as Research Officer(Publication)which is also a teaching post.

The learned Advocate for the employer i.e. Respondent No.3, Yeshwantrao Chavan Academy of Development Administration, Baner Road, Pune (hereinafter referred to as “the Employer”) strenuously opposes the above statement and submits that he is not in the teaching category.

If the said Petitioner Dr. Baban Jogdand is held to be in the teaching category, as the Rule stands today, the age of superannuation would be 58 years. If he is not in the teaching category, his age of superannuation would vary.

We do not intend to deal with this issue at this stage, since there is no such prayer made. We leave the said issue open to be agitated before a competent Court in an appropriate proceedings, if initiated.

6. The only issue involved in this Petition is as to whether an employee could be superannuated 2 years prior to his already fixed age of superannuation, in contravention of his service conditions indicating that he would retire 2 years later.

UNDISPUTED FACTS

7. At the outset, we desire to record the undisputed facts in these cases :

(a) Most of the Petitioners are in the teaching faculties and a small number is in the non-teaching category. The Petitioners claim that they are all in the teaching category. YASHADA claims that Dr. Baban Jogdand is the only person among the Petitioners who is presently not in any teaching activity considering his present posting.

(b) The age of retirement of all these Petitioners was specifically fixed at 60 years.

(c) The Yashwantrao Chavan Academy of Development Administration issued the Service Rules dated 1.3.1992 ( in short, the1992 Rules).

(d) All the Petitioners have been inducted in service after following the due procedure laid down in law after 1.3.1992, with a fixed age of retirement.

(e) Prior to the introduction of the 1992 Rules, the Rules prescribed by the State Government were made applicable.

(f) With the introduction of the 1992 Rules, all employees working on lower level posts, and in the case of teaching posts, would retire at the age of 60 years. In the case of non-teaching posts, 58 years was the age of retirement.

(g) All these Petitioners have been appointed after the introduction of the 1992 Rules thereby being covered by the age of retirement as is mentioned in the Rules.

(h) On 5^th March, 2010 YASHADA introduced an amendment to the 1992 Rules and the said Clause 3.01 was modified as under :

3.01 Age.of retirement The age of retirement for employee in the service of YASHADA s