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ARUN DEV CHOUDHURY
Nagendra Nath Borah, S/o. Late Upendra Nath Borah – Appellant
Versus
State of Assam and Anr. , Represented by the Commissioner and Secretary to the Govt. of Assam, Revenue and D. M. Department, Govt. of Assam – Respondent
JUDGMENT :
Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S. Goswami, learned counsel for the petitioner in WP(C) No. 794/2022 and Mr. S. Borthakur, learned counsel for the petitioner in WP(C) No. 877/2022. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. J. Handique, learned Standing Counsel for the Revenue and Disaster Management Department.
2. This two writ petitions are taken up together for disposal as both the petitions raises common question of law and fact and arises out of a common notification dated 26.08.2021 issued by the Commissioner & Secretary to the Government of Assam, Revenue & D. M. Department, notifying the upper age limit of Gaon Pradhans.
3. Brief background fact of the case:-
b. The said Executive Instruction was amended by way of notification dated 16.01.2016 by the Governor of Assam, whereby Executive Instruction 162 and 162A were delete
The law is well settled that the legislature or the executive are competent to make rule or to issue executive instruction following the due procedure laid down under the Constitution of India as pro....
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
Fixed age of retirement established at the time of appointment cannot be altered to the detriment of employees, and any amendments operate prospectively.
The fixed age of retirement established at the time of employment cannot be altered to the detriment of employees, and any amendments must operate prospectively.
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
(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....
Since the enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used ....
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