Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Superannuation Enhancement of Superannuation age Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Superannuation – Enhancement of Superannuation age – New Okhla Industrial Development Authority (NOIDA) constituted under provisions of the Act of 1976 – On 30 September 2012, Government of Uttar Pradesh acceded to a proposal of the Appellant-NOIDA to enhance the age of superannuation of its employees from fifty-eight to sixty years, prospectively – High Court set aside the decision of the State government to give prospective effect and in exercise of its power of judicial review u/Art.226 of the Constitution directed that retrospective effect be given to the Government Order from 29 September 2002 – Whether High Court transcended the limits of its power of judicial review – Held: High Court trenched upon the realm of policy making and 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 – Whether the decision to increase the age of superannuation should date back to the resolution passed by NOIDA or should be made 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 – The proposal 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 – 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 had resolved to submit a proposal for the approval of the government – U.P. Industrial Area Development Act, 1976 – s.19 – New Okhla Industrial Development Authority Service Regulations, 1981 – Regn.25 – Doctrine of legitimate expectation – Inapplicability of – Constitution of India – Art.226 – Judicial Review. Doctrines/Principles: Principle of promissory estoppel – When applicable and when not applicable – Held: 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 principle of promissory estoppel will not apply if the communication issued was either a proposal or a recommendation. Doctrines/Principles: Doctrine of legitimate expectation – Held: The doctrine of legitimate expectation is grounded in fairness and reasonableness – There is a legitimate expectation that the actions of the State are fair and reasonable. Government Orders/Notifications/Circulars: Government order – When retrospectively applicable – Held: Government order can be given retrospective application only if expressly stated or inferred through necessary implication. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 334 |
Petitioner | New Okhla Industrial Development Authority & Anr. |
Respondent | B D Singhal & Ors. |
SCR | [2021] 6 S.C.R. 978 |
Judgement Date | 2021-07-15 |
Case Number | 2310 |
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