Retired Hurt

The apex court while setting aside a judgment of the Allahabad High Court in the matter said that it had encroached upon the jurisdiction of the executive. The appeals had raised the issue of the High Court transcending its limits of the power of judicial review

IN an unusual move, the Supreme Court set aside the Allahabad High Court’s decision that had asked New Okhla Industrial Development Authority (NOIDA) to implement its decision taken in September 2012 to increase the retirement age of employees from 58 years to 60 years with effect from September 2002. A Division Bench of Justices DY Chandrachud and MR Shah allowed the appeal filed by NOIDA against the High Court judgment and observed that it had encroached upon the jurisdiction of the executive. The bench said that whether the retirement age should be increased or not and from when, was a matter of policy and the High Court should not have interfered in this matter.

The Uttar Pradesh government had on September 30, 2012 agreed to a proposal of the appellant to enhance the age of superannuation of its employees from 58 years to 60 years, prospectively. However, a Division Bench of the High Court had set aside the decision by exercising its power of judicial review under Article 226 of the Constitution. It directed that retrospective effect be given to the government order from September 29, 2002. The appeals by NOIDA and the state government had questioned the verdict in the Supreme Court. The appeals raised the issue that the High Court had transcended the limits of its power of judicial review.