In Brief
NOIDA sought to increase the age of superannuation of its employees from 58 to 60 years. After a 2002 Board resolution and lengthy delays, the State Government approved it in September 2012 with prospective effect only. Two employees who retired before this approval challenged it. The High Court set aside the prospective-only clause and gave it retrospective effect from 2002. The Supreme Court allowed NOIDA's appeal, holding that the High Court exceeded its judicial review powers by intruding into executive policy-making. The choice of effective date for a policy is a governmental prerogative; employees have vested rights only from the date Government prescribes, not from a Board resolution. Promissory estoppel does not apply to Board recommendations subject to Government approval.
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