Kerala High Court
Nandakumar M.G vs Union Of India on 27 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
1
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 11389 OF 2023
PETITIONERS:
1 FACT EMPLOYEES ORGANIZATION (BMS)
MAZDOOR BHAVAN, UDYOGAMANDAL P.O., ELOOR SOUTH,
REPRESENTED BY ITS PRESIDENT K.K. VIJAYAKUMAR.,
PIN - 683501.
2 SATHYAN P. K.,
EMPLOYEE NO. 10975, TECHNICIAN, INSTRUMENTATION
DEPARTMENT, FACT COCHIN DIVISION, AMBALAMEDU,
KOCHI, PIN - 682303.
3 NANDAKUMAR C.R.
EMPLOYEE NO. 1286, TECHNICIAN CUM DRAFTSMAN,
FACT UDYOGAMANDAL COMPLEX, UDYOGAMANDAL, ELOOR,
PIN - 683501.
4 GANESAN T.J.
EMPLOYEE NO. 12860, PLAN ASSISTANT, FACT,
UDYOGAMANDAL COMPLEX, UDYOGAMANDAL, ELOOR,
PIN - 683501.
BY ADVS.
P.RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
2
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RESPONDENTS:
1 FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
ELOOR, UDYOGAMANDAL, KOCHI, PIN - 683501,
REPRESENTED BY ITS MANAGING DIRECTOR.
2 THE JOINT SECRETARY,
DEPARTMENT OF FERTILIZERS,
MINISTRY OF CHEMICALS AND FERTILIZERS,
SHASTRI BHAVAN, NEW DELHI, PIN - 110001.
3 UNION OF INDIA,
REPRESENTED BY SECRETARY,
MINISTRY OF CHEMICALS AND FERTILIZERS,
SHASTRI BHAVAN, NEW DELHI, PIN - 110001.
BY ADVS.
JAI MOHAN - SC
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
JAI MOHAN(D/2454/2009)
RAJA KANNAN(K/356/2008)
DAYA SINDHU SREEHARI-CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2025, ALONG WITH WP(C).16568/2023, 17629/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 16568 OF 2023
PETITIONERS:
1 FACT EMPLOYEES' CONGRESS (INTUC)
REGD. NO.258/69, POST BOX NO.16, UDYOGAMANDAL P.O.,
KOCHI - 683 501, REPRESENTED BY ITS GENERAL
SECRETARY., PIN - 683501
2 FACT(CD) EMPLOYEES' SANGH
REGD. NO.186/70, KANNEMPILLY SMARAKA MANDHIRAM,
KUZHIKKADY, AMBALAMEDU P.O., ERNAKULAM - 682 303,
REPRESENTED BY ITS GENERAL SECRETARY., PIN - 682303
3 M.R. VIJAYACHANDRAN
AGED 57 YEARS
S/O. M.K. RAMACHANDRAN PILLAI, DEPUTY MANAGER-
PRODUCTION (BADGE NO. 11839), FERTILIZERS AND
CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL P.O,
KOCHI - 683 501 RESIDING AT 'VASUDEVAM', PERANDOOR
BRIDGE ROAD, PERANDOOR, ELAMAKKARA, ERNAKULAM-682
026., PIN - 682026
4 RAJEEV. V.A
AGED 57 YEARS
S/O. K. ACHUTHAN NAIR, DEPUTY MANAGER-PRODUCTION
(BADGE NO. 11544), FERTILIZERS AND CHEMICALS
TRAVANCORE LIMITED, UDYOGAMANDAL P.O, KOCHI - 683
501 RESIDING AT PLOT NO.37, 'SREERAGAM', FRANKLIN
GARDEN, KUTTIKKATTUKARA, UDYOGAMANDAL, KOCHI-683
501., PIN - 683501
4
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5 PRATHAPAN. K.T
AGED 58 YEARS
S/O. THANKAPPAN K. P, HEAVY EQUIPMENT OPERATOR
(BADGE NO. 13604), FERTILIZERS AND CHEMICALS
TRAVANCORE LIMITED, COCHIN DIVISION, AMBALAMUGAL,
KOCHI - 682302 RESIDING AT KUNNAPPILLY HOUSE,
KANGARAPPADY. P.O, VADACODE, KOCHI-682021, PIN -
682021
6 RAJEEV. A.R
AGED 58 YEARS
S/O. K.K. RAMAKRISHNA PILLAI, SUPERNUMERARY
TECHNICIAN (FITTER) (BADGE NO. 11284) FERTILIZERS
AND CHEMICALS TRAVANCORE LIMITED, COCHIN DIVISION,
AMBALAMUGAL, KOCHI - 682302, RESIDING AT THEKKEDATH
HOUSE, MEEMPARA. P.O, ERNAKULAM-682308, PIN -
682308
7 VARGHESE EARNEST
AGED 58 YEARS
S/O. T.V. THOMAS, PLANT ASSISTANT (BADGE NO.
12867), FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, UDYOGAMANDAL P.O, KOCHI - 683 501 RESIDING
AT THAIPARAMBIL HOUSE, MANJUMMEL, ERNAKULAM-683501,
PIN - 683501
8 SHAJU MICHAEL. K
AGED 58 YEARS
S/O. K.D MICHAEL, TECHNICIAN (PROCESS) (BADGE NO.
12298), FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, UDYOGAMANDAL P.O, KOCHI - 683 501 RESIDING
AT KUNNATH HOUSE, PUTHENPALLY, VARAPUZHA,
ERNAKULAM-683 517, PIN - 683517
9 JOY M.A
AGED 58 YEARS
S/O. M.T. ANTONY, TCC (MACHINIST) (BADGE NO.
11871), FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, UDYOGAMANDAL P.O, KOCHI - 683 501 RESIDING
AT QUARTERS NO. CF-12, FACT TOWNSHIP, UDYOGAMANDAL.
P.O, ELOOR, ERNAKULAM-683501, PIN - 683501
5
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10 V. SANKUNNI
AGED 57 YEARS
S/O. V. NARAYANAN, BAGGING PLANT TECHNICIAN (BADGE
NO. 13605), FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, COCHIN DIVISION, AMBALAMUGAL, KOCHI -
682302 RESIDING AT QUARTERS NO. 310/6, TOWNSHIP,
FACT-CD, AMBALAMEDU, ERNAKULAM-682303, PIN - 682303
11 P.S. RAJAN
AGED 57 YEARS
S/O. SEBIOUS.P.P, TECHNICIAN (PROCESS) (BADGE NO.
10735), FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, UDYOGAMANDAL P.O, KOCHI - 683 501 RESIDING
AT PULIKKATHARA, MANJUMMEL, UDYOGAMANDAL.P.O,
ERNAKULAM-683501, PIN - 683501
12 SURESH K.K
AGED 57 YEARS
S/O. KARUNAKARAN, PLANT ASSISTANT (PHOSPHATE
PLANT), (BADGE NO. 11733), FERTILIZERS AND
CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL P.O,
KOCHI - 683 501 RESIDING AT KOLOTHUMPARAMBU HOUSE,
KEDAMANGALAM, NORTH PARAVUR, ERNAKULAM-683513, PIN
- 683513
13 A.G. RAVEENDRAN NAIR
AGED 57 YEARS
S/O. GOVINDAN NAIR, PLANT ASSISTANT (PHOSPHATE
PLANT), (BADGE NO. 11337) FERTILIZERS AND CHEMICALS
TRAVANCORE LIMITED, UDYOGAMANDAL P.O, KOCHI - 683
501 RESIDING AT ATTIYEDATH MADATHIL, ELOOR SOUTH,
UDYOGAMANDAL, ERNAKULAM-683 501, PIN - 683501
14 THASHKANT.V.S
AGED 57 YEARS
S/O. SAIDU MUHAMMED, PLANT ASSISTANT (PHOSPHATE
PLANT), (BADGE NO. 11345) FERTILIZERS AND CHEMICALS
TRAVANCORE LIMITED, UDYOGAMANDAL P.O, KOCHI - 683
501 RESIDING AT VADAKKETHALACKAL HOUSE, ALUVA. P.O,
ALUVA, ERNAKULAM-683 101., PIN - 683101
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15 RAJEEV. A
AGED 58 YEARS, S/O. RAGHAVA MENON, BADGE NO. 13781,
FITTER GRADE-I FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED, FEW DIVISION, PALLURUTHY, COCHIN- 682 006
RESIDING AT ARACKAL HOUSE, CHENGAMANAD PO ALUVA,
ERNAKULAM 683 578., PIN - 683578
BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
BRIJESH MOHAN
D.SREEKUMAR (KALAMASSERY)
SACHIN RAMESH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF FERTILIZERS, MINISTRY OF CHEMICALS
AND FERTILIZERS, SHASTHRI BHAVAN, NEW DELHI 110001,
PIN - 110001
2 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
UDYOGAMANDAL P.O, KOCHI - 683 501, REPRESENTED BY
ITS CHAIRMAN AND MANAGING DIRECTOR., PIN - 683501
3 THE CHAIRMAN AND MANAGING DIRECTOR
FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL P.O, KOCHI - 683 501, PIN - 683501
BY ADVS.
JAI MOHAN - SC
SUVIN R MENON
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
JAI MOHAN(D/2454/2009)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2025, ALONG WITH WP(C).11389/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 17629 OF 2023
PETITIONERS:
1 FACT EMPLOYEES ORGANIZATION (BMS)
MAZDOOR BHAVAN, UDYOGAMANDAL PO., ELOOR SOUTH,
REPRESENTED BY ITS PRESIDENT K.K. VIJAYAKUMAR,
PIN - 683501
2 NANDAKUMAR C.R.
AGED 57 YEARS
EMPLOYEE NO. 12866, TECHNICIAN CUM DRAFTSMAN,
FACT UDYOGAMANDAL COMPLEX, UDYOGAMANDAL, ELOOR,
PIN - 683501
3 GANESAN T.J.
AGED 57 YEARS
EMPLOYEE NO. 12860, PLAN ASSISTANT, FACT,
UDYOGAMANDAL COMPLEX, UDYOGAMANDAL, ELOOR,
PIN - 683501
4 SATHYAN P.K.
AGED 58 YEARS
SOORYAGAYATHRI, ALRA 49 K, LANE 5B, EROOR SOUTH PO,
TRIPUNITHURA, ERNAKULAM, PIN - 682306.
BY ADVS.
P. RAMAKRISHNAN
PREETHI RAMAKRISHNAN (P-212)
C.ANIL KUMAR
ASHA K.SHENOY
PRATAP ABRAHAM VARGHESE
GOKUL KRISHNA
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RESPONDENTS:
1 FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
ELOOR, UDYOGAMANDAL, KOCHI , REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 683501
2 THE JOINT SECRETARY
DEPARTMENT OF FERTILIZERS, MINISTRY OF CHEMICALS
AND FERTILIZERS, SHASTRI BHAVAN, NEW DELHI,
PIN - 110001
3 UNION OF INDIA
REPRESENTED BY SECRETARY, MINISTRY OF CHEMICALS AND
FERTILIZERS, SHASTRI BHAVAN, NEW DELHI,
PIN - 110001
BY ADVS.
JAI MOHAN - SC
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
JAI MOHAN(D/2454/2009)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2025, ALONG WITH WP(C).11389/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
9
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 19115 OF 2023
PETITIONERS:
1 NANDAKUMAR M.G
AGED 58 YEARS, S/O. GOVINDA MENON, BADGE NO. 11947,
DEPUTY MANAGER (THERMAL-ELECTRICAL) PETRO CHEMICAL
DIVISION, UDYOGAMANDAL COMPLEX, FERTILIZERS AND
CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, KOCHI -
683 501, RESIDING AT MADIYATHAZHATH HOUSE, SOUTH
CHITTOOR, ERNAKULAM-682027, PIN - 682027
2 SANTHOSH KUMAR C.R
AGED 58 YEARS, S/O. RAMACHANDRAN PILLAI, BADGE NO.
11645, DEPUTY MANAGER (THERMAL-ELECTRICAL) PETRO
CHEMICAL DIVISION, UDYOGAMANDAL COMPLEX,
FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL, KOCHI - 683 501, RESIDING AT
CHEMPARATHIL HOUSE, FACT GARDENS, KOTTAI,
NEDUMBASSERY. P.O, ERNAKULAM- 683 585, PIN - 683585
3 UNNIKRISHNAN K.N
AGED 58 YEARS, S/O. S NARAYANAN NAMBOOTHIRI, BADGE
NO. 13835, ASSISTANT ENGINEER (MECHANIC),
UDYOGAMANDAL DIVISION, FERTILIZERS AND CHEMICALS
TRAVANCORE LIMITED, UDYOGAMANDAL, KOCHI - 683 501
RESIDING AT KUTHAPPADI ILLAM, MANIYELIPPADI, WEST
KADUNGALLOOR, ERNAKULAM-683 110., PIN - 683110
4 DURAIRAJ M
AGED 58 YEARS
S/O. MUTHURENGAN L, BADGE NO. 12138, ASSISTANT
GENERAL MANAGER (PRODUCTION) PETRO CHEMICAL
DIVISION, UDYOGAMANDAL COMPLEX, FERTILIZERS AND
CHEMICALS TRAVANCORE LIMITED, UDYOGAMANDAL, KOCHI -
683 501 RESIDING AT B-38, FACT TOWNSHIP,
UDYOGAMANDAL, ERNAKULAM-683 501., PIN - 683501
10
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BY ADVS.
M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
BRIJESH MOHAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF FERTILIZERS, MINISTRY OF CHEMICALS
AND FERTILIZERS, SHASTHRI BHAVAN, NEW DELHI
110001., PIN - 110001
2 THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED
UDYOGAMANDAL P.O, KOCHI - 683 501, REPRESENTED BY
ITS CHAIRMAN AND MANAGING DIRECTOR., PIN - 683501
3 THE CHAIRMAN AND MANAGING DIRECTOR
FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED,
UDYOGAMANDAL P.O, KOCHI - 683 501,, PIN - 683501
BY ADVS.
JAI MOHAN - SC
GOPIKRISHNAN NAMBIAR M
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
AKHILA NAMBIAR(K/737/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.01.2025, ALONG WITH WP(C).11389/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
11
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D. K. SINGH, J.
--------------------------
W.P.(C) Nos. 11389, 16568, 17629 and 19115 of 2023
-------------------------
Dated this the 27th day of January, 2025
JUDGMENT
1. Heard learned Counsel for the petitioners and Mr. Jai Mohan for
the Fertilizers And Chemicals Travancore Ltd. (FACT), the 1st
respondent Company.
2. The 1st petitioner in W.P.(C) No. 11389 of 2023 is the Employees
Organization of the employees of the 1st respondent Company. The
petitioners in all other writ petitions are the ex-employees of the
FACT.
3. The FACT is a Central Government Public Sector undertaking
functioning under the aegis of the Ministry of Fertilizers, Government
of India. The grievance of the petitioners in these writ petitions is
regarding the age of retirement i.e. 58 years. They have prayed for
issuing a writ of mandamus commanding the respondents to permit
the petitioners to continue till they reach the age of 60 years. It
appears that the petitioner Union has made a representation in this
regard before the FACT. The FACT has forwarded the request of the
Union along with its recommendation to the Union Government for
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enhancing the age of the employees working in FACT to 60 years.
However, the Government of India vide the communication dated
21.09.2021 rejected the proposal of the FACT for enhancing the age of
retirement to 60 years from 58 years. The said decision of the
Government of India came to be challenged by the petitioners in
W.P.(C) No. 17629 of 2023. However, it appears that this Court
directed the Central Government to relook the grievance of the
petitioners for enhancing the age from 58 years to 60 years. The
Government has finally taken a decision on 19.02.2024 approving the
proposal of FACT for enhancing the retirement age of its employees
below Board level from 58 years to 60 years with immediate effect. As
per the approval of the Government of India for enhancing the age of
retirement from 58 years to 60 years, the FACT implemented this
decision w.e.f. 28.02.2024. The fact remains that the petitioners stood
retired before the Government approved the proposal of the FACT
enhancing the age of retirement of its employees from 58 years to 60
years.
4. The question is whether a policy decision of the Government
which has been implemented by the FACT vide the decision dated
28.02.2024 can be given retrospective effect.
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5. It is well settled that the Court cannot give retrospective
operation to a decision taken by a Competent Authority unless the
relevant law so prescribes. What should be the age of retirement of
the employees of an organization is a policy decision. When the age of
retirement is enhanced to 60 years and it comes in effect, it is also a
policy decision. A cutoff date has been prescribed in the policy
decision for giving effect to the decision enhancing the age of
retirement to 60 years. Unless the policy decision is violative of the
fundamental rights or totally arbitrary or against the law, the Court in
exercise of its limited power of judicial review should not interfere
with the policy decision.
6. In a similar case; Noida v. B. D. Singhal [(2021) 17 SCC 435], the
Supreme Court considered the decision of the competent authority
enhancing the age of superannuation with particular date. Such a
decision has been upheld by the Supreme Court holding that the giving
effect to the enhanced age of retirement would fall within the realm
of the policy decision and the Court should not interfere with policy
decision in such a matter. It would be apt to extract the relevant
paragraph of the said decision of the Supreme Court in the case of
Noida v. B. D. Singhal (supra).
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"22. Whether the age of superannuation should be enhanced is a matter
of policy. If a decision has been taken to enhance the age of
superannuation, the date with effect from which the enhancement
should be made falls within the realm of policy. The High Court in ordering
that the decision of the State 9 Government to accept the proposal to
enhance the age of superannuation must date back to 29-6-2002 has
evidently lost sight of the above factual background, more specifically (i)
the rejection of the original proposal on 22-9-2009; and (ii) the judgment
of the Division Bench dated 17-1-20212 refusing to set aside the order
rejecting the proposal on 22-9-2009 which has attained finality. But a
there is a more fundamental objection to the basis of the decision of the
High Court. The infirmity in the judgment lies in the fact that the High
Court has trenched upon the realm of policy making and has assumed to
itself, jurisdiction over a matter which lies in the domain of the executive.
Whether the age of superannuation should be increased and if so, the
date from which this should be effected is a matter of policy into which
the High Court ought not to have entered.
23. The factual reasons which the High Court has indicated are specious.
The High Court has termed the decision to give prospective effect to the
enhancement of the age of superannuation from 30-9-2012 as arbitrary
on the ground that the Government should have "acted instantly" when
the resolution was received from Noida Authority, and that there was no
justification not to grant retrospective effect when the resolution had
been received "more than three years back". Both these factors are
erroneous. As a matter of fact, the resolution of the Board of Noida
Authority dated 9-7-2012 (at its 176th meeting) was forwarded to the State
Government on 17-7-2012 and a decision was taken in about two months
from the date of receipt of the proposal. The High Court's observation on
the delay of three years in taking a decision on the resolution of Noida
Authority is in reference to the 2005 resolution, which was rejected on 22-
9-2009. As stated above, the Government Resolution of 2012 was
impugned before the High Court, and the 2009 rejection order had
attained finality in view of the judgment of the Division Bench of the High
Court on 17-1-2012 which was not challenged before this Court.
24. Whether the decision to increase the age of superannuation should
date back to the resolution passed by Noida Authority or should be made
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effective from the date of the approval by the State Government was a
matter for the State Government to decide. Ultimately, in drawing every
cut-off, some employees would stand on one side of the line while the
others would be positioned otherwise. This element of hardship cannot
be a ground for the High Court to hold that the decision was arbitrary.
When the State Government originally decided to increase the age of
superannuation of its own employees from fifty-eight to sixty years on 28-
11-2001, it had left the public sector corporations to take a decision
based on the financial impact which would result if they were to increase
the age of superannuation for their own employees.
25. From time-to-time the authorities of the State took a decision bearing
upon the exigencies of service prevailing in each organisation. By an OM
dated 16-5-2005, the age of retirement of employees of the Agricultural
Produce and Marketing Committee (APMC) was enhanced with
immediate effect, without giving retrospective operation. Similarly, on 15-
12-2006 the age of retirement of employees of the U.P. Power Corporation
was enhanced without conferring retrospective effect. On 17-4-2012, the
age of superannuation of the employees of U.P. State Handicrafts
Corporation Ltd. was enhanced with effect from 20-12-2011. On 22-5-
2012, the age of superannuation of the employees of the U.P. State
Industrial Development Corporation Limited was enhanced "with
immediate effect". Different corporations of the State are governed by
their service rules and regulations, and by the exigencies of service. The
State Government had evidently determined that it was for each
organisation to consider and determine the impact of the financial
burden, and based on that the organisation was to submit a proposal for
the approval of the Government.
26. The High Court's observation that the Government Order on 30-9-
2012 increasing the age of superannuation prospectively is arbitrary
seems to be based on the premise that the respondent employees have a
vested right to the increase in the age of retirement on the passage of the
resolution by Noida Authority. However, Section 19 of the Act stipulates
that regulations which would include amendments as in this case will
require the previous approval of the State Government. The employees
will have a vested right to the increased age of superannuation only after
the Service Regulations are modified upon approval of the State
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Government, and from such date as may be prescribed by the
Government. Para 1(ii) of the Government Order issued on 30-9-2012
clearly and in unambiguous terms states that the order shall come into
force prospectively. The government order can be given retrospective
application only if expressly stated or inferred through necessary
implication. Therefore, the respondent employees could not have
claimed a vested right that the enhancement in the age of retirement
should be made effective from the date on which Noida Authority had
resolved to submit a proposal for the approval of the Government.
27. The argument of the respondents that the appellant Authority is
estopped from claiming that the Government Order issued on 30-9-2012
cannot be given retrospective effect from 9-7-2012 since the Board
resolution proposed an increase in the retirement age of its employees
with "immediate effect" is unsustainable. For the principle of promissory
estoppel to apply, one party must have made an unequivocal promise,
intending to create or affect a legal relationship between the parties. The
recommendation of Noida Authority cannot create or alter the legal
relationship since it is subject to the approval of the Government. H.L.
Gokhale, J. in a concurring opinion in Monnet Ispat & Energy Lid. v. Union
of India clarified that the principle of promissory estoppel will not apply if
the communication issued was either a proposal or a recommendation.
The learned Judge observed: (SCC p. 153. para 289)
"289. As we have seen earlier, for invoking the principle of
promissory estoppel there has to be a promise, and on that
basis the party concerned must have acted to its prejudice.
In the instant case it was only a proposal, and it was very
much made clear that it was to be approved by the Central
Government, prior whereto it could not be construed as
containing a promise. Besides, equity cannot be used
against a statutory provision or notification." (emphasis
supplied)
28. In State of Jharkhand v. Brahmputra Metallics Ltd., this Court speaking
through one of us (D.Y. Chandrachud, J.) elaborated on the doctrine of
legitimate expectation, which is grounded in fairness and reasonableness
Explaining that there is a legitimate expectation that the actions of the
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
State are fair and reasonable, it was observed: (SCC para 50)
"50. .............. The State must discard the colonial notion
that it is a sovereign handing out doles at its will. Its policies
give rise to legitimate expectations that the State will act
according to what it puts forth in the public realm. In all its
actions, the State is bound to act fairly, in a transparent
manner. This is an elementary requirement of the
guarantee against arbitrary Stare action which Article 14 of
the Constitution adopts." (emphasis supplied)
29. Since the enhancement of the age of superannuation is a "public
function" channelised by the provisions of the statute and the Service
Regulations, the doctrine of promissory estoppel cannot be used to
challenge the action of Noida Authority. Though Noida Authority sought
the approval of the State Government for the enhancement with
"immediate effect", it never intended or portrayed to have intended to give
retrospective effect to the prospectively applicable government order.
The representation of Noida Authority could not have given rise to a
legitimate expectation since it was a mere recommendation which was
subject to the approval of the State Government. Hence, the doctrine of
legitimate expectation also finds no application to the facts of the present
case."
7. In view of the aforesaid facts, I do not find the case of the petitioners
justified for seeking relief from this Court by giving effect to the policy
decision of the Government dated 19.02.2024 to a retrospective date i.e.,
before the date of retirement of the petitioners. When the cutoff date is
prescribed, obviously some people will left out who got retired prior to
the cutoff date. The Court cannot always provide a solution for
perfect equality. When the cutoff date is neither arbitrary or
W.P.(C)No. 11389 OF 2023 &
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2025:KER:6738
against the relevant service rules or statues, this Court has no power to
give effect to the policy decision with retrospective effect. Therefore,
I find no justification for the prayers made in these writ petitions.
Hence, these writ petitions are hereby dismissed.
Sd/-
D. K. SINGH
JUDGE
Svn
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
APPENDIX OF WP(C) 16568/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PORTION OF THE
MINUTES OF THE 512TH MEETING OF THE BOARD OF
DIRECTORS OF THE COMPANY
EXHIBIT P2 TRUE COPY OF THE LETTER NO. CS-CO-7307, DATED
27.08.2021 FORWARDED BY THE 2ND RESPONDENT
COMPANY TO THE 1ST RESPONDENT.
EXHIBIT P3 TRUE COPY OF LETTER NO. CGM (HR&A)-CO-320
DATED 21.10.2022 FORWARDED BY THE 2ND
RESPONDENT COMPANY TO THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 07.02.2023
SUBMITTED BY THE 1ST PETITIONER UNION BEFORE
THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
07.02.2023 SUBMITTED BY THE 1ST PETITIONER
UNION BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 07.02.2023
SUBMITTED BY THE 2ND PETITIONER UNION BEFORE
THE 1ST RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REPRESENTATIONS DATED
07.02.2023 SUBMITTED BY THE 2ND PETITIONER
UNION BEFORE THE 2ND RESPONDENT
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 30.3.2023 IN
W.P(C) NO. 11389/2023 OF THIS HON'BLE COURT.
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED
31.03.2023 IN W.P(C) NO.11389/2023 OF THIS
HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER NO. 86/2/2021-HR PSU
DATED 31.3.2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P11 TRUE COPY OF THE DPE GUIDELINES FOR
ENHANCEMENT OF AGE OF RETIREMENT OF BOARD AND
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
BELOW BOARD LEVEL EMPLOYEES OF PROFIT EARNING
CENTRAL PUBLIC SECTOR ENTERPRISES VIDE O.M
NO.18(1)/2007-GM-GL-80 DATED 20.04.2007
EXHIBIT P12 TRUE COPY OF THE ORDER NO. 52/15/2008-CH.III
DATED 04.03.2013 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P13 TRUE COPY OF THE BALANCE SHEET OF THE 2ND
RESPONDENT COMPANY AS AT 31.3.2022 SIGNED BY
THE BOARD OF DIRECTORS OF THE COMPANY.
EXHIBIT P14 TRUE COPY OF THE INDEPENDENT AUDITORS REPORT
AND AUDITED FINANCIAL RESULT DATED 05.05.2023
FOR THE YEAR ENDED 31ST MARCH, 2023 PREPARED
BY M/S.K.VENKATACHALAM AIYER & CO.
EXHIBIT P15 TRUE COPY OF THE RETIREMENT LIST OF THE
EMPLOYEES OF THE 2ND RESPONDENT COMPANY FOR
THE YEAR 2023.
EXHIBIT P16 TRUE COPY OF THE ORDER DATED 19/20.2.2024 VIDE
F. NO86/2/2021-HRPSU (E-29877) PASSED BY THE
MINISTRY OF CHEMICALS AND FERTILIZERS.
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE COMMUNICATION DATED
11.07.2001 ISSUED BY THE DEPARTMENT OF
FERTILISERS, GOVT. OF INDIA TO THE 2ND
RESPONDENT COMPANY ALONG WITH ITS TYPED COPY
EXHIBIT R2(B) TRUE COPY OF LETTER DATED 08.09.2021 ISSUED
BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA,
DEPT. OF FERTILIZERS, TO THE 2ND RESPONDENT
EXHIBIT R2(C) TRUE COPY OF THE LETTER DATED 21.09.2021
ISSUED BY THE 2ND RESPONDENT COMPANY TO THE
UNDER SECRETARY, DEPARTMENT OF FERTILIZERS TO
GOVERNMENT OF INDIA
EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 25.02.2022
ISSUED BY THE UNDER SECRETARY TO GOVERNMENT
OF INDIA, DEPARTMENT OF FERTILIZERS TO THE 2ND
RESPONDENT COMPANY
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
EXHIBIT R2(E) TRUE COPY OF THE LETTER DATED 07.03.2022
ISSUED BY THE 2ND RESPONDENT COMPANY TO THE
UNDER SECRETARY TO THE GOVERNMENT OF INDIA,
DEPARTMENT OF FERTILIZERS
EXHIBIT R2(F) TRUE COPY OF THE LETTER DATED 17.10.2022
ISSUED BY THE UNDER SECRETARY TO THE GOVT. OF
INDIA, DEPARTMENT OF FERTILISERS TO THE 2ND
RESPONDENT COMPANY
EXHIBIT R2(G) TRUE COPY OF THE LETTER DATED 10.05.2023
ISSUED BY THE 2ND RESPONDENT COMPANY TO THE
JOINT SECRETARY TO THE GOVERNMENT OF INDIA,
DEPT. OF FERTILIZERS.
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
APPENDIX OF WP(C) 17629/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES
OF THE 512TH BOARD MEETING HELD ON 18/6/2021
EXHIBIT P-2 TRUE COPY OF REQUEST DATED 27/8/2021 FROM THE
1ST RESPONDENT TO THE 2ND RESPONDENT
EXHIBIT P-3 TRUE COPY OF REPRESENTATION DATED 7/2/2023
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD
RESPONDENT
EXHIBIT P-4 TRUE COPY OF THE RETIREMENT LIST OF THE YEAR
2023 OF THE 1ST RESPONDENT.
EXHIBIT P-5 TRUE COPY OF THE SAID INTERIM ORDER DATED
30/3/2023 IN WP (C) NO. 11389/2023
EXHIBIT P-6 TRUE COPY OF THE SAID INTERIM ORDER DATED
31/3/2023 IN WP (C) NO. 11389/2023
EXHIBIT P-7 TRUE COPY OF THE OFFICE MEMORANDUM NO. DPE OM
NO. 18(1)/2007-GM-GL-80 DATED 20/4/2007.
EXHIBIT P-8 TRUE COPY OF LETTER DATED 31/3/2023 ISSUED BY
THE 3RD RESPONDENT TO THE 1ST RESPONDENT
EXHIBIT P-9 TRUE COPY OF LETTER DATED 31/3/2023 SERVED ON
THE 1ST PETITIONER BY THE 3RD RESPONDENT
EXHIBIT P-10 TRUE COPY OF ORDER DATED 20.02.2024 ISSUED BY
THE GOVERNMENT OF INDIA.
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 11.07.2001 ISSUED
BY THE MINISTRY OF FERTILISERS, GOVT. OF INDIA
EXHIBIT R1(B) TRUE COPY OF LETTER DATED 08.09.2021 ISSUED
BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA
TO THE 1ST RESPONDENT
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
EXHIBIT R1(C) TRUE COPY OF THE LETTER DATED 21.09.2021
ISSUED BY THE 1ST RESPONDENT TO THE UNDER
SECRETARY TO GOVERNMENT OF INDIA
EXHIBIT R1(D) TRUE COPY OF THE LETTER DATED 25.2.2022 ISSUED
BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA
TO THE 1ST RESPONDENT
EXHIBIT R1(E) TRUE COPY OF THE LETTER DATED 07.03.2022
ISSUED BY THE 1ST RESPONDENT TO THE UNDER
SECRETARY TO THE GOVERNMENT OF INDIA
EXHIBIT R1(F) TRUE COPY OF THE LETTER DATED 17.10.2022
ISSUED BY THE UNDER SECRETARY, DEPARTMENT OF
FERTILISERS TO THE 1ST RESPONDENT
EXHIBIT R1(G) TRUE COPY OF THE LETTER DATED 10.05.2023
ISSUED BY THE 1ST RESPONDENT COMPANY TO THE
JOINT SECRETARY TO THE GOVERNMENT OF INDIA
EXHIBIT R1(H) TRUE COPY OF THE COMMUNICATION DATED
23.06.2023 ISSUED BY THE 2ND RESPONDENT TO THE
1ST RESPONDENT
EXHIBIT R1 (I) TRUE COPY OF THE COMMUNICATION ISSUED BY THE
DEPARTMENT OF FERTILIZERS, GOVT. OF INDIA, TO
THE CHAIRMAN AND MANAGING DIRECTOR OF THE 1ST
RESPONDENT DATED 19.02.2024
EXHIBIT R1 (J) TRUE COPY OF THE ORDER BEARING NO. GM. (HR AND
A)-CO-047 DATED 28.02.2024 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT R1 (K) TRUE COPY OF THE ORDER BEARING NO. GM. (HR AND
A)-CO-048 DATED 28.02.2024 ISSUED BY THE 1ST
RESPONDENT
W.P.(C)No. 11389 OF 2023 &
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2025:KER:6738
APPENDIX OF WP(C) 19115/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 1-3-2023 ISSUED
BY THE 2ND RESPONDENT TO THE 1ST PETITIONER
EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES
OF THE 512TH MEETING OF THE BOARD OF DIRECTORS
OF THE COMPANY DATE NIL
EXHIBIT P3 TRUE COPY OF THE LETTER NO. CS-CO-7307, DATED
27.08.2021 FORWARDED BY THE 2ND RESPONDENT
COMPANY TO THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF LETTER NO. CGM (HR&A)-CO-320 DATED
21.10.2022 FORWARDED BY THE 2ND RESPONDENT
COMPANY TO THE 1ST RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.3.2023 IN W.P(C)
NO. 11389/2023 OF THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 31.03.2023
IN W.P(C) NO.11389/2023 OF THIS HON'BLE COURT.
EXHIBIT P7 TRUE COPY OF THE ORDER NO. 86/2/2021-HR PSU
DATED 31.3.2023 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P8 TRUE COPY OF THE DPE GUIDELINES FOR ENHANCEMENT
OF AGE OF RETIREMENT OF BOARD AND BELOW BOARD
LEVEL EMPLOYEES OF PROFIT EARNING CENTRAL
PUBLIC SECTOR ENTERPRISES VIDE O.M
NO.18(1)/2007-GM-GL-80 DATED 20.04.2007
EXHIBIT P9 TRUE COPY OF THE ORDER NO. 52/15/2008-CH.III
DATED 04.03.2013 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P10 TRUE COPY OF THE BALANCE SHEET OF THE 2ND
RESPONDENT COMPANY AS AT 31.3.2022 SIGNED BY
THE BOARD OF DIRECTORS OF THE COMPANY.
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
EXHIBIT P11 TRUE COPY OF THE INDEPENDENT AUDITORS REPORT
AND AUDITED FINANCIAL RESULT DATED 05.05.2023
FOR THE YEAR ENDED 31ST MARCH, 2023 PREPARED BY
M/S.K.VENKATACHALAM AIYER & CO
EXHIBIT P12 TRUE COPY OF ORDER DATED 30-5-2023 OF THIS
HON'BLE COURT IN WP(C)NO.16568/23.
EXHIBIT P13 TRUE COPY OF THE DIVIDEND DECLARED BY THE 2ND
RESPONDENT COMPANY
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 19/20.2.2024 VIDE
F. NO86/2/2021-HRPSU (E-29877) PASSED BY THE
MINISTRY OF CHEMICALS AND FERTILIZERS.
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
APPENDIX OF WP(C) 11389/2023
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF RELEVANT PORTION OF THE MINUTES
OF THE 512TH BOARD MEETING OF THE 1ST
RESPONDENT HELD ON 18/6/2021.
EXHIBIT P-2 TRUE COPY OF REQUEST LETTER NO. NO. CS-CO-
7307 DATED 27/8/2021 FROM THE 1ST RESPONDENT
TO THE 2ND RESPONDENT
EXHIBIT P-3 TRUE COPY OF REPRESENTATION DATED 7/2/2023
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
EXHIBIT P-4 TRUE COPY OF THE RETIREMENT LIST OF EMPLOYEES
OF THE 1ST RESPONDENT OF THE YEAR 2023
RESPONDENT EXHIBITS
EXHIBIT R1(A) A TRUE COPY OF LETTER DATED 08.09.2021 ISSUED
BY THE 3RD RESPONDENT
EXHIBIT R1(B) ). A TRUE COPY OF THE LETTER DATED 21.09.2021
ISSUED BY THIS RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT R1(C) A TRUE COPY OF THE LETTER DATED 25.2.2022
ISSUED BY THE 3RD RESPONDENT
EXHIBIT R1(D) A TRUE COPY OF THE LETTER DATED 07.03.2022
ISSUED BY THIS RESPONDENT TO THE 3RD
RESPONDENT
EXHIBIT R1(E) A TRUE COPY OF THE LETTER DATED 17.10.2022
ISSUED BY THE 3RD RESPONDENT
EXHIBIT R1(F) A TRUE COPY OF THE LETTER DATED 21.10.2022
ISSUED BY THIS RESPONDENT TO THE 3RD
RESPONDENT
W.P.(C)No. 11389 OF 2023 &
Connection
2025:KER:6738
EXHIBIT R1(G) A TRUE COPY OF THE COMMUNICATION DATED
31.03.2023 ISSUED BY THE 3RD RESPONDENT
EXHIBIT R1(H) A TRUE COPY OF THE COMMUNICATION DATED
31.03.2023 ISSUED BY THE UNDER SECRETARY,
GOVERNMENT OF INDIA TO THE 1ST PETITIONER
