JUDGMENT :

B.R. Sarangi, J.

The petitioner who was working as a Senior Stenographer in the Office of the Cuttack Development Authority ( in short CDA) has filed this application seeking for following relief:-

“issue RULE NISI calling upon the opposite parties to show cause as to why the petitioner shall not be entitled to get the benefit under Section 71(a) of the Odisha Service Code as amended as 25.07.2014 and on their failure to show cause or showing insufficient cause, to make the said RULE absolute and may also be pleased direct the opposite party no.1 to take a decision on the resolution under Annexure 6 series within a stipulated period and in case of approval, to give retrospective effect to the same i.e. the day from which the age of superannuation has been enhanced in the case of employees of Urban Local Bodies, Odisha Small Industries Corporation and other Public Sector Units/Undertakings and may be pleased to pass such other/further order/orders, direction/directions considering the facts and circumstances of the case.”

2. The skeletal facts outlining the factual conspectus would be briefly narrated so as to better comprehend the issues seeking adjudication.

3. The petitioner having successfully completed Short Hand and Typewriting Test conducted on 05.12.1983 was given appointment for the post of Junior Stenographer in the office of the Cuttack Development Authority, hereinafter to be referred to as CDA- opposite party no.2 herein. Accordingly, she joined in service on 13.07.1984 on contractual basis. After rendering service for a period of one year, vide Memo No. 6477 dated 23.07.1985, she was allowed to continue in service until further orders. Considering her efficiency and ability she was promoted to the post of Senior Stenographer. While she was so continuing, vide Office order No. 7903 dated 22.05.2014, Annexure-2, the CDA published the name of persons to retire during the year 2015-16 on attaining the age of superannuation at the age of 58 years, which includes the name of the petitioner at serial no.06 and her date of superannuation being 30.06.2015 on attaining the age of 58 years. When the matter stood thus, a resolution was passed by the Government of Odisha in Finance Department on 28.06.2014 enhancing the retirement age of the State Government employees on superannuation and thereafter necessary amendment to Rule 71(a) of the Odisha Service Code by revising the same from 58 years to 60 years was done. Such enhancement has been made considering the significant improvement in average life expectancy in recent years and also following the foot print of Central Government modifying the age of superannuation of the employees of the State Government by enhancing the age from 58 years to 60 years. The Government of Odisha vide Resolution No. 1775-Cor.-I-45/2014-PE dated 02.08.2014 allowed the enhancement of age of retirement on superannuation in respect of the employees of the State Public Sector Undertakings from 58 years to 60 years, which was published in the Official Gazette on 18th August, 2014, vide Annexure-4. Pursuant to such notification, employees of the Orissa Small Industries Corporation Limited have been extended with such benefits with immediate effect. So far the employees of Urban Local Bodies are concerned, the Government of Odisha by resolution dated 07.02.2015 enhanced the retirement age from 58 years to 60 years, but so far as the employees of CDA are concerned, though recommendation has been made by CDA vide Annexure-6 series, till date no decision has been taken. Hence this petition.

4. Mr. S.K. Dash, learned counsel for the petitioner strenuously urged that the petitioner being a regular employee under the CDA, her service condition is regulated under the Orissa Service Code and accordingly, she was drawing her salary and other allowances as per the provisions under the Code since the date of her appointment. In view of the amendment made in Rule 71(a) of Odisha Service Code, there is absolu