Government Order enhancing retirement age from 58 to 60 years struck down for denying retrospective benefits to earlier retirees

The HC struck down clause 1(2) of Government Order dated 30.9.2012 as arbitrary for prospectively applying retirement age enhancement from 58 to 60 years. The court held that denying retrospective benefits to employees who retired before 30.9.2012 was unreasonable, especially when the board resolution was received three years earlier. The Government Order was ordered to apply retrospectively from the original resolution date (29.6.2002). Petitioners were deemed to have worked until age 60, entitled to salary arrears and recalculated retirement benefits. Writ petition allowed.

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Issues:
1. Enhancement of retirement age by Noida Authorities.
2. Delay in formal approval by State Government.
3. Legality of Government Order dated 30.9.2012.
4. Retrospective application of retirement age increase.

Issue 1: Enhancement of retirement age by Noida Authorities
The Noida Authorities, in line with various State agencies, raised the retirement age of its employees to 60 years in a Board meeting. The State Government had earlier amended the fundamental Rule 56(a) to enhance the retirement age from 58 to 60 for government servants. Despite initial considerations in 2002 and subsequent reminders in 2005 and 2009, the State Government did not provide formal approval. The matter was addressed in Writ Petition No. 48162 of 2010, directing Noida to reevaluate and refer the decision to the State Government for approval.

Issue 2: Delay in formal approval by State Government
The State Government delayed approving the retirement age increase from 58 to 60 for Noida Authority employees, despite resolutions passed by Noida Authorities since 2002. The State Government's inaction led to the petitioners seeking court intervention. The court directed the State Government to expedite the decision-making process, emphasizing the importance of considering Noida Authority's resolutions.

Issue 3: Legality of Government Order dated 30.9.2012
The Government Order dated 30.9.2012 raised the retirement age to 60 but applied it prospectively, excluding benefits for those who had retired earlier. The petitioners challenged clause 1(2) of the order, arguing that the retrospective application was necessary due to the State Government's delay in approval. The State Government defended the delay, citing its workload as a reason.

Issue 4: Retrospective application of retirement age increase
The court found the Government Order dated 30.9.2012 arbitrary in its prospective application and failure to provide benefits to employees who had retired before the order's effective date. The court deemed the clause 1(2) of the order as arbitrary and struck it down. The order was to apply retrospectively from the date of the initial resolution in 2002, ensuring that petitioners receive arrears of salary and retirement benefits as if they had worked until the age of 60 years. Ultimately, the writ petition was allowed in favor of the petitioners.

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