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2021 (7) TMI 1443 - SC - Indian LawsEnhancement of age of superannuation of its employees from fifty-eight to sixty years - whether the High Court has transcended the limits of its power of judicial review? - HELD THAT:- 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. Though NOIDA 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 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. In STATE OF UTTAR PRADESH VERSUS DAYANAND CHAKRAWARTY AND ORS [2013 (7) TMI 1222 - SUPREME COURT] the court directed payment of arrears deeming the employees to have worked till sixty years in spite of no interim order being issued in that regard because (i) the Office Memorandum was held ultra vires; (ii) Harwinder Kumar, Jaswant Singh, and Radhey Shyam Gautam had already held that the age of retirement of the Jal Nigam employees shall be 60 years unless a Regulation prescribing a lower retirement age is issued in terms of Regulation 31, and had extended this benefit to all the parties who had filed writ petitions. Therefore, the above observation must be read in the context of the distinct factual situation in the case. The argument of the employees that since they had moved the Chief Minister with a representation in August 2012 before their date of superannuation which was to fall at the end of the month and that they should have the benefit of the enhancement in the age of superannuation has no substance. On 31 August 2012, the Respondents moved the High Court but no interim relief was granted to them and they attained the age of superannuation. They have not worked in service thereafter. Since the High Court's judgment dismissing the challenge to the government order dated 30 September 2012 has attained finality, the submission cannot be accepted. The impugned judgment and order of the Division Bench at Lucknow of the High Court of Judicature at Allahabad is set aside - petition dismissed.
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