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 adherence and prior judgements.

ORDER

Chandra Dhari Singh, J. (Oral)

1. The instant civil writ petition is filed by the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:

"Issue Writ of Mandamus or certiorari or any other appropriate writ or directions thereby quashing the impugned decision dated 21.04.2003 and as a necessary consequence thereof for quashing the impugned office order dated 7.7.2003.

Issue Writ of Mandamus or certiorari or any other appropriate writ or directions directing the Respondent No. 3 to implement the recommendation of the 5th Pay Commission Report with regard to increase in age of superannuation from 58 to 60 years as has been done by the Central Government for its employees and has also been done by other organization/autonomous bodies similar to the Respondent No. 3."

2. The Petitioner at the time of the filing of the writ petition was holding the charge of the post of Executive Director (Estate & Admin.) with Respondent No.3 (hereinafter referred to as "R3"). Respondent No.1 has all the control over the affairs of the R3 whereas Respondent No.2 is the ministry responsible for the office memorandum dated 13th May 1998 which pertains to the recommendations made by the 5th Pay Commission relating to age of retirement of the Central Government Employees.

3. The service conditions of the Petitioner and other employees of R3 are governed by Service Rules formulated by R3 (hereinafter referred to as "Service Rules"). Rule 12 of the Service Rules is relevant for the present controversy and has been reproduced below:

"Rule 12: Superannuation: An employee shall retire from the service of the Union:

(i) On the last day of the month in which he/she attains the age of 58 years. If the ate of superannuation is first, he/she will retire on the last day of the previous month.

(ii) On his being declared medically unfit for service by a medical board to be designated by the Appointing Authority in this behalf;

(iii) On the imposition of the penalty of compulsory retirement;

(iv) "The employees of the Union shall be entitled for following superannuation facilities:

(a) Family Pension;

(b) Gratuity Benefits;

(c) General Provident Fund; and

(d) Other benefits as announced by the Government of India from time to time.

Provided that when it is in the interest of the Union to retain any employee after the age of fifty-eight, he may be re- employed for a period of one year at a time, till he attains the age of sixty. The power to re-employ an employee who has completed the age of fifty-eight shall be exercised by the Executive Committee of the Union. No employee shall be re- employed after he completes the age of sixty."

4. As per office memorandum dated 13th May 1998 issued by Respondent No.2 pertaining to the "5th Central Pay Commission- Age of Retirement-raising of-FR56", it was recommended on the permission of the Hon'ble President of India that every government servant whose age of retirement is currently 58 years shall now retire from service on the afternoon of the last day of the month in which he/she attains the age of 60 years.

5. This memorandum was to come into effect from the date of notification and would be applicable to all Central Government Employees except those who had already retired. An amendment to FR56 was also accordingly issued on 13th May 1998 itself.

6. After the memorandum dated 13th May 1998, another memorandum dated 30th May 1998 was circulated by Respondent No.2 pertaining