Retired employee sought revision of pension claiming retirement age of 62 instead of 60, citing the amended superannuation age ordinance effective retrospectively. Court held the amendment applied prospectively from 31.08.2013 and statutes cannot be given retrospective effect unless intended; petition dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 746 of 2017
Versus
---- Respondents
For Petitioner : None For State : Ms. Shailja Shukla, Dy. Government Advocate
Hon'ble Shri Justice Narendra Kumar Vyas Order on Board
15.06.2024
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Ordinance 2013 has been made effective from 31.08.2013 wehreby the age of the government servant has been changed from 60 to 62 and the petitioner has retired on 31.07.2007, therefore, he cannot be benefits of the notification retrospectively.
Sd-
(Narendra Kumar Vyas)
Judge
Deshmukh
1 issue framed by the court
Whether a government servant who retired at age 60 in 2007 can have pension revised under the amended superannuation age of 62 effective from 31.08.2013.
1 provisions across 1 enactments
Ram Bharosa Sahu
State of Chhattisgarh
Adhikchhan Abhiyanta Jal Sansadhan Shivnath Mandal Durg Chhattisgarh
Executive Engineer, Karkhra Mohandipat Nahar Pariyojna Sambhag Balod Chhattisgarh
Sub Divisional Officer, Kharkhara Mohandipaat Pariyojana Sub Division No. 4, Durg
Special Secretary, State Govt. of Chhattisgarh, General Administration Deptt.
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
