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2016 Supreme(Ori) 134

A.K.RATH
Sukanta Kumar Das – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner:Mr. R.K. Rath, Sr. Advocate Mr. J.P. Behera, Advocate.
For the Opp. Parties :Mr. D.K. Pani, Addl. Standing Counsel, Mr. B.K. Das, Advocate.

JUDGMENT :

A.K. RATH, J.

In this writ application the petitioner has prayed inter alia for a direction to opposite parties 2 and 3 to implement the policy decision of the State of Odisha taken on 2.8.2014, vide Annexure-1. Ancillary prayer has been made to direct opposite parties 2 and 3 to allow the petitioner to continue in service up to the age of 60 years.

2. Bereft of unnecessary details, the short facts of the case of the petitioner are that the Government of Odisha in the Department of Public Enterprises, opposite party no.1 passed a resolution on 2.8.2014, vide Annexure-1, to enhance the age of retirement on superannuation of the employees of the State Public Sector Undertakings from 58 to 60 years with certain terms and conditions keeping in view the demands of various service associations of the State Public Sector Undertakings as well as significant improvement in average of life expectancy in recent years. The resolution was passed consequent upon enhancement of age of superannuation of the State Government employees from 58 to 60 years with the following conditions:-

“1. The Public Sector Undertaking must justify its need to retain the present experienced manpower for util















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