Retirement benefits must be calculated based on the last drawn pay at the actual date of superannuation, particularly when the retirement age has been legally enhanced from 58 to 60 years.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not fixing the retirement benefits on the paid drawn at the age of 60 years and arbitrarily fixing the retirement benefits on the last paid drawn at 58 years as illegal, high handed action and unconstitutional and consequently direct the respondents to fix the retirement benefits on the last paid drawn at the age of 60 years including gratuity along with interest and to pass such other order or orders appropriate in the case.

IA NO: 1 OF 2017(WPMP 15395 OF 2017

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the gratuity amount by duly calculating the services of the petitioners as 60 years of age instead of 58 years of age along with interest pending disposal of the Writ Petition in the interest of justice or to pass any other order or orders appropriate in the case.

The Court made the following:

Order:-

The petitioners worked in the respondent-Bank and the respondent-Bank has enhanced the age of superannuation from 58 years to 60 years in accordance with Act 4 of 2014 . The said extension of retirement age is in pursuance of the interim directions passed in W.P. No. 17886 of 2014. Thereafter, the petitioners attained the age of superannuation on 30.06.2016. However, the respondent-Bank has fixed the last drawn pay at the age of 58 years instead of 60 years, though the respondent-Bank was approached on several occasions to rectify the error, the respondents have not recalculated the service benefits by computing the same from the date of attaining 60 years and retiring on 30.06.2016.

2. It is not in dispute that the petitioners have rendered service beyond the initial age of superannuation i.e., 58 years till attaining the age of 60 years. The respondents would have to recalculate the last drawn pay by considering the date of retirement as 30.06.2016 instead of 30.06.2014. During the pendency of the writ petition, the 1st petitioner passed away and the legal heirs of the 1st petitioner are stated to be not interested in pursuing the writ petition.

3. Be that as it may, the service benefits of the petitioner would have to be disbursed to the petitioners or their legal heirs.

4. With this observation, this writ petition is disposed of, making it clear to the respondents to recalculate the retirement benefits by fixing the last drawn pay at the age of attaining 60 years and disburse all service benefits, including gratuity, to the petitioners or their legal heirs as and when they claim, within a period of four (04) weeks from the date of submitting such claim. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.