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2018 (1) TMI 1729 - ALLAHABAD HIGH COURTEnhancement of retirement age of its employees to 60 years in a Board meeting - HELD THAT:- The Government Order dated 30.9.2012 was arbitrary inasmuch as it increased the age of retirement from 58 to 60 with effect from 30.9.2012 and did not increase the age of retirement for such employees who had retired before 30.9.2012. In the first place, the Government should have acted instantly when the resolutions were received by it from the Noida Authorities and secondly we see no reason why it had refused to give the advantage of extension in age retrospectively when the Resolution was received by it more than three years back. Definitely clause 1(2) of the Government Order dated 30.9.2012 appears to be absolutely arbitrary inasmuch as it has prospectively applied the order dated 30.9.2012 by which it had allowed the Noida Authorities to extend the age of retirement. There are no reason why the clause 1(2) of the Government Order dated 30.9.2012 should be retained. Clause 1(2) of the Government Order dated 30.9.2012 is struck down and the Government Order dated 30.9.2012 shall apply retrospectively i.e. from the date the Resolution dated 29.6.2002 was passed. The petitioners shall be deemed to have worked with the Noida Authorities till the age of 60 years. They shall be given their arrears of salary which shall be calculated deeming that they had worked till the age of 60 years. Retirement benefit shall also be accordingly calculated. The writ petition is allowed.
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