29 January 2020
Bhubaneswar: The Orissa High Court today quashed the premature retirement of an employee of Odisha State Police Housing Corporation (OSPHC) and directed the Corporation to pay all arrear with a 7% interest within six weeks.
As per available case records, in 2015 one Biresh Chandra Giri, Manager (Accounts) of OSPHC challenged the superannuation notice served to him on July 06, 2015 asking him to retire on September 30, 2015 at the age of 58. Giri had to retire at the age of 58 as the decision of OSPHC taken on September 22, 2014, enhancing the retirement age from 58 to 60 was not approved /ratified promptly and the same was pending approval before the State government then.
Later, after about 14 months, on November 23, 2015 the State government approved enhancement of retirement age from 58 to 60. However, it further said that the order will come into force with effect from November 23, 2015 and no reason was assigned for such inordinate delay of approval /ratification by State government. As a consequence many employees including Giri lost two years of valuable service.
However Giri challenged the action of the State government and OSPHC in the High Court and demanded two years service and financial benefits in 2015.
The HC also directed OSPHC to revise Giri's pay and pension as if he continued in service till 60 years.
The HC expressed its disapproval of the tardy action of the State government in approving the resolution of the OSPHC and warned it to refrain from such practice in future.
The HC's decision will benefit hundreds of employees of different State-owned public sector undertakings (PSUs) who were made to retire at the age of 58 as State government inordinately delayed the approval in respect of enhancement of age of retirement from 58 to 60 years.