The State Government has the autonomy to fix the age of superannuation of its employees and the power to unilaterally alter the service conditions. Benefits acquired by employees under existing statutory or constitutional provisions cannot be taken away with retrospective effect by amendments.

I.A. Ansari, J.

1. We have heard Mr. T. Son, learned Counsel for the Appellant, and Ms. G. Deka, learned Counsel appearing on behalf of the Respondents.

2. The Appellant herein is aggrieved by the judgment and order, dated 28.02.2008, passed in WP (C) 438 (AP) 2006, whereby his writ petition has been dismissed.

3. In order to appreciate the issues involved in this appeal, it is necessary to take note of the case of writ Petitioner-Appellant. The case of the writ Petitioner was, in brief, thus: Before Arunachal Pradesh attained its Statehood in the year 1987, it was a Union Territory and, during this period, its employees were governed by the laws and rules framed by the Govt. of India. After attaining Statehood, the State of Arunachal Pradesh adopted, vide notification, dated 16.02.1989, some statutory rules including the Fundamental Rules and Supplementary Rules (hereinafter referred to as the 'FR' and 'SR' respectively). When the FR and SR were adopted, in the year 1989, by the State of Arunachal Pradesh, the age of superannuation of a State Govt. employee was 58 years. By notification, dated 13.5.1989, as the Govt. of India had amended FR 56 and increased the age of superannuation of its employee from 58 to 60 years, this amendment, raising the age of superannuation of the Central Government employees, shall also be applicable to the case of the employees of the Government of Arunachal Pradesh inasmuch as the Government of Arunachal Pradesh had already adopted, amongst Ors., the provisions contained in FR 56. By amending FR 56, while the Central Government, vide notification, dated 13.5.1998, aforementioned, has increased the age of retirement from 58 years to 60 years, the Government of Arunachal Pradesh has, vide notification, dated 06.01.1999, kept restricted the age of superannuation to 58 years in respect of all its employees except school teachers, which is arbitrary, unfair, illegal and discriminatory.

4. In the backdrop of what have been pointed out above, we may take note of the notification, dated 16.02.1989, whereby the Government of Arunachal Pradesh had adopted various rules framed by the Central Government. The notification, dated 16.02.1989, reads as under:

NOTIFICATION

THE STATE OF ARUNACHAL PRADESH ADAPTATION OF LAWS ORDER (NO. 4) 1989

The 16th February, 1989

No. FIN/E/47/87 (Pt.): Whereas by Sub-section (2) of Section 46 of the State of Arunachal Pradesh Act, 1986 (Act No. 69 of 1986) for the purpose of facilitating the application of any law in relation to the State of Arunachal Pradesh as the appropriate Government is empowered by order, to make such adaptations and modification of the law, whether by way of repeal or amendment, as may be necessary or expedient.

Now, therefore, in exercise of the power aforesaid the Government of the State of Arunachal Pradesh hereby makes the following order, namely:

1. (1) this order may be called the State of Arunachal Pradesh Adaptation of Laws Order (No. 4), 1989.

(2) It shall be deemed to have come into force on the 20th day of February, 1987.

2. (1) In their application to the State of Arunachal Pradesh or part thereof, the following rules, namely:

1. The Fundamental Rules and Supplementary Rules (Central);

2. The Central Treasury Rules;

3. House Building Advance Rules;

4. Central Civil Services (Extra-ordinary Pension) Rules;

5. The Central Provident Fund (Central Services) Rules 1962;

6. The Contributory Provident Fund Rules (India), 1962;

7. The General Financial Rules, 1963;

8. The Central Civil Services (Pension) Rules, 1972;

9. The Delegation of Financial Powers Rules, 1978;

10. The Central Civil Services (Joining Time) Rules, 1979;

11. The Central Civil Services (Commutation of Pension) Rules, 1981;

12. The Union Territory Employees' Group Insurance Scheme, 1984;

13. The Central Civil Services (Revision of Pay) Rules, 1986, shall, unless the context otherwise requires have effect and be deemed to have had effect as if reference therein to the Government Central Government;

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