The petitioner, an employee of Odisha Tourism Development Corporation, sought extension of retirement age with retrospective effect dating back to the Public Enterprises Department resolution. The court disposed of the matter relying on a prior judgment in Premalata Panda.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 21399 of 2016
Sk. Niyaj Ali
….
Petitioner
Mr. S.C. Dash, Adv.
-Versus -
State of Orissa and others …. Opposite Parties
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
04.10.2021
Order No.
03
This matter is taken up through hybrid mode.
Page 1 of 3
Undertakings pursuant to resolution dated 02.08.2014 passed by the Public Enterprises Department, Government of Odisha subject to the conditions imposed therein. In compliance of the said resolution, the Board of Directors of the opposite party corporation initially approved the proposal of enhancement of the age of retirement on superannuation of its employees on 21.10.2014 and sent it for Government approval. But the State Government on 30.01.2015 asked the corporation to revisit the proposal by the Board vide letter dated 30.01.2015. Thereafter, the Board again passed a resolution on 30.03.2015 enhancing the age of retirement of its employees from 58 to 60 years, but it should be related back to the date, when the resolution was passed by the Public Enterprises Department, i.e., 02.08.2014. Instead of doing so, the benefit enhancement of retirement age has been extended with effect from the date the State Government approved such benefits, i.e., on 27.06.2015 prospectively. To substantiate his contention, he has placed reliance on the judgment 14.07.2015 passed by this Court in WP(C) No. 9279 of 2015 ( Premalata Panda v. State of Odisha and another ).
Page 2 of 3
02.08.2014 cannot be granted.
Ashok
(Dr. B.R. Sarangi) Judge
Page 3 of 3
2 issues framed by the court
Whether the petitioner is entitled to the enhanced retirement age benefit retrospectively from 02.08.2014 as opposed to the prospective date of government approval.
Whether the claim for extension of retirement age from 58 to 60 years with retrospective effect is admissible.
Colour shows how this judgement treated each authority
Premalata Panda v. State of Odisha and anotherReferred¶19
WP(C) No. 9279 of 2015 ( Premalata Panda v. State of Odisha and another )
2 provisions across 2 enactments
Sk. Niyaj Ali
State of Orissa
Odisha Tourism Development Corporation Limited
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
