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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
S. G. Parashar – Appellant
Versus
Union of India Thr. Secretary, Department of Agriculture And Coop. Ministry of Agriculture – Respondent
JUDGMENT
Satish Chandra Sharma, C.J. The Appellant before this Court, a retired Executive Director of National Cooperative Union of India (hereinafter referred to as `NCUI.), has filed the present Appeal being aggrieved by the judgment and order dated 26.09.2022 passed by the Learned Single Judge in W.P.(C) No. 4348/2003 titled S.G. Parashar Vs. UOI & Ors..
2. The facts of the case reveal that the Appellant before this Court, while in service, had preferred a Writ Petition in the year 2003 claiming continuance of service up to the age of 60 years.
3. The Appellant at the relevant point of time was working as an Executive Director in the service of the Respondent Organization. The Appellant came up with the case before the Learned Single Judge stating that the Respondent Organization, though it is a Society registered under the Multi State Cooperative Societies Act, is fully in control of Government of India, and therefore, the recommendations made by the 5th Pay Commission relating to age of retirement of Central Government employees should be made applicable to the employees of Respondent No.1 Society also.
4. The Appellant further stated that an Office Memorandum was issued by
The Service Rules govern the retirement age, and decisions of the governing body cannot be made applicable with retrospective effect.
The court upheld the retirement age of 58 years as per established service rules, rejecting claims for parity with the Chief Executive's extended retirement age of 60 years, emphasizing rule adherenc....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
The enhancement of retirement age is a policy decision of the government, not a right of employees, and cannot be mandated by the court.
The main legal point established in the judgment is that employees of the Orissa Water Supply and Sewerage Board, being governed by the rules and regulations applicable to State Government employees,....
The enhancement of retirement age is a policy decision of the government, and employees cannot claim a right to continue in service pending such a decision.
(1) Whether age of superannuation should be enhanced is a matter of policy. If a decision has been taken to enhance age of superannuation, date with effect from which enhancement should be made falls....
The main legal point established in the judgment is the autonomy of Cooperative Credit Societies in making decisions regarding personnel policy, staffing, and retirement age, and the importance of co....
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