Court No. - 29 Case :- WRIT - A No. - 35234 of 2010 Petitioner :- Union Of India And Others Respondent :- R.S. Tripathi And Another Petitioner Counsel :- Rakesh Kumar Srivastava Respondent Counsel :- Ashish Srivatsava,Rahul Sahai Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Heard Shri R.B. Singhal, Asstt. Solicitor General of India assisted
by Shri Rahul Sahai and Shri R.K. Srivastava for the petitioners.
The reasons for which the employees of Category A, B and C of
the Central Pulp and Paper Research Institute, Saharanpur were
given the benefit of the extended retirement age upto 60 years, ten
years after the benefit was given to other Central Government
organisations have not been placed on record. It is submitted that
the Rules provide that age of retirement may be increased by two
years subject to maximum of 60 years in consultation with the
concerned Administrative Ministry. It is submitted by Shri Singhal
that the concerned Minister gave approval in the year 2008 and
thus the benefit was made applicable w.e.f. 25th September, 2008.
It is not denied that for all other service conditions and benefits
including applicability of the 5th Pay Commission
recommendations, the employees of the Institute were made
entitled from the date, when the Central Government employees
were given the benefit. The reasons for which the Minister delayed
the administrative approval have not been brought on record, nor
were examined by the Tribunal.
The petitioners are allowed week’s time to place the reasons, if
there are any, including the notings and the decisions taken by the
concerned Minister for giving benefit of extended age of
retirement to the employees of the Institute 10 years after the
employees of the Central Government and other Central
Government organisations.
Put up on 26th July, 2010.
Order Date :- 15.7.2010
SP/