The High Court of Chhattisgarh dismissed the writ petition as covering a decision by a coordinate bench. The court applied a precedent holding that retirement age alterations are executive policy matters for the employer.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(S)No.749/2010
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.749 of 2010
N.P. Gupta, S/o Shri M.P. Gupta, aged about 57 years, R/o Quarter No.M.C. 58, Patal Nagar, Kirandul, District Dantewada (C.G.)
---- Petitioner
Versus
Thok Upbhokta Sahkari Bhandar Maryadit, Kirandul, Through President Thok Upbhokta Sahkari Bhandar Maryadit, Kirandul, District Dantewada (C.G.)
---- Respondent
For Petitioner: Mr. Anil Kumar Pandey, Advocate. For Respondent: Mr. Vinod Deshmukh, Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
17/10/2016
"45. Alterations in the age of retirement by the employer is a matter of executive policy and for sufficient and cogent reasons, the same is permissible."
1 (2004) 9 SCC 755
W.P.(S)No.749/2010
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the employer, the petitioner is not entitled to any relief."
the coordinate Bench of this Court, the instant writ petition is dismissed in terms of paragraphs 5 and 6 of the order passed by the coordinate Bench in Govind Lal Thakur
(supra). No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge
Soma
3 issues framed by the court
Whether the petitioner is entitled to relief regarding alterations in the age of retirement.
Whether the fixation of age of retirement falls within the domain of executive policy of the employer.
Whether the instant writ petition requires independent adjudication or is covered by a coordinate bench decision.
Colour shows how this judgement treated each authority
Govind Lal Thakur v. Thok Upbhokta Sahkari Bhandar Maryadit, KirandulFollowed¶1
W.P.(S)No.2914/2008 (Govind Lal Thakur v. Thok Upbhokta Sahkari Bhandar Maryadit, Kirandul) by order dated 24-1-2011
M.P. Vidyut Karmchari Sangh v. M.P. Electricity BoardReferred¶1
M.P. Vidyut Karmchari Sangh v. M.P. Electricity Board (2004) 9 SCC 755 · Who else cites this
N.P. Gupta
Thok Upbhokta Sahkari Bhandar Maryadit, Kirandul
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
