CUTTACK: In a major relief to a State PSU employee who was made to retire at the age of 58, Orissa High Court on Tuesday directed the State Government to treat him to have continued to work till the age of 60. The HC also asked the Government to calculate his salary and other benefits accordingly and pay him with seven per cent interest per annum all through.
The court expected completion of the entire exercise within six weeks from the date of communication of a copy of the judgment.The verdict was delivered in the case of Accounts Manager of Odisha State Police Housing and Welfare Corporation Biresh Chandra Giri.
On September 22, 2014 the Corporation’s Board of Directors passed a resolution increasing the retirement age of employees from 58 to 60. While the resolution was pending with the Government, a retirement notice issued by Home Department on July 6, 2015 forced Giri to retire at 58 on September 30, 2015. When the Government ratified the resolution on November 23, 2015, it was brought it into force with immediate effect.
Giri had challenged his retirement notice and advocate Prasanna Kumar Nanda argued his case praying for two years service and financial benefits.
The Single Judge Bench of Justice Biswanath Rath ruled that "Once the Board of the Corporation resolved to adopt the decision of the Government in the matter of enhancement of age of superannuation dated 2.08.2014 and if such resolution of the Board was required to be approved by the Government, such resolution ought to have been accepted as it is and the same should also have come into force at least with effect from the resolution of the Board dated 22.09.2014."
Stating that the petitioner was made to suffer for no fault of his, the bench said Giri would be deemed to be continuing in service till attaining the age of 60 and entitled to salary and other benefits all through.
Pension of the petitioner shall be calculated considering that he retired at the age of 60. Since the petitioner has already attained the extended age of superannuation of 60 years by the time of disposal of writ petition, the entire arrear salary and pension be calculated and released in favour of the petitioner with seven per cent interest per annum all through, Justice Rath ordered.