In Brief
NOIDA sought to enhance the retirement age of its employees from 58 to 60 years. The NOIDA Board resolved this in 2002, but the State rejected it in 2009. After a High Court intervention, NOIDA resubmitted the proposal in 2012, which the State approved prospectively (from 30 September 2012 onwards). Two employees who had superannuated on 31 August 2012—before the Government Order—challenged this, seeking retrospective effect from an earlier date. The High Court granted relief, directing retrospective application from 29 June 2002, and ordered the employees be paid salary for the period after superannuation. The Supreme Court set aside the High Court's judgment, holding that the Government's decision to apply the retirement age enhancement prospectively is a policy matter within the executive's domain, not subject to judicial second-guessing, and that employees have no vested right prior to Government approval and from the prescribed date."
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