NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR. versus B D SINGHAL & ORS.

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY & ANR. versus B D SINGHAL & ORS.

The High Court erred in directing retrospective effect to the Government Order because the question of the age of superannuation and the date from which it operates is a matter of executive policy; NOIDA's resolution was a recommendation subject to prior state approval under s.19 of the U.P. Industrial Area Development Act, 1976 and did not create a vested right or an unequivocal promise attracting promissory estoppel or legitimate expectation. Consequently, the High Court transcended judicial review by re-determining a policy decision and ordering retrospective operation; the appeals are allowed and the High Court order set aside.

Parties
Appellant: New Okhla Industrial Development Authority & Anr.; Appellant: State of Uttar Pradesh; Respondent: B D Singhal & Ors.
Jurisdiction
India
Judgment Date
15 July 2021
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeals allowed
Legal Topics
Superannuation, Judicial Review, Promissory Estoppel, Legitimate Expectation, Retrospectivity, Statutory Interpretation
Service Law Administrative Law Constitutional Law Superannuation Judicial Review Promissory Estoppel Legitimate Expectation Retrospectivity +1 more

Case Brief

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Parties

New Okhla Industrial Development Authority & Anr.

Appellant

State of Uttar Pradesh

Appellant

B D Singhal & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court exceeded the limits of judicial review in directing retrospective effect to a government order
  2. 2 Whether the enhancement of the age of superannuation and the date from which it operates is a matter of policy for the executive
  3. 3 Whether NOIDA's board resolution or the State government's approval gives rise to a vested right or legitimate expectation in favour of employees

Ratio Decidendi

The High Court erred in directing retrospective effect to the Government Order because the question of the age of superannuation and the date from which it operates is a matter of executive policy; NOIDA's resolution was a recommendation subject to prior state approval under s.19 of the U.P. Industrial Area Development Act, 1976 and did not create a vested right or an unequivocal promise attracting promissory estoppel or legitimate expectation. Consequently, the High Court transcended judicial review by re-determining a policy decision and ordering retrospective operation; the appeals are allowed and the High Court order set aside.

Court Disposition

appeals allowed

Orders

  • Impugned judgment and order of the Division Bench of the High Court at Lucknow dated 25 January 2018 in WA No. 43780 of 2012 set aside
  • Writ petition dismissed