CWP No.2191 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2191 of 2010 Date of Decision: 15.02.2011 Savitri Devi ...Petitioner Vs. Indian Council for Child Welfare & Anr. ...Respondents CORAM Hon'ble Mr. Justice Surya Kant, Present: Mr.Dinesh Kumar, Advocate, for the petitioner. Mr.K.K.Gupta, Advocate, for the respondent. -- Surya Kant, J . The petitioner seeks quashing of the order dated 29.01.2010 whereby she has been retired from service w.e.f. 31.01.2010 on attaining the age of 58 years. The petitioner seeks a mandamus to direct the respondents to allow her to continue in service up to the age of 60 years. Suffice it to mention that the petitioner joined the respondents as a daily wage Helper on 16.8.1977. The only issue that arises for consideration is as to whether the petitioner having served as a Class IV employee under respondent No.1 was entitled to continue in service up to the age of 60 years or up to 58 years only? Similar controversy came up for consideration before this court CWP No.2191 of 2010 2 in CWP No.6301 of 2009 (Mrs. Sheela Vs. Indian Council for Child Welfare & Ors.), which was also filed by a daily wage Helper against the respondents. The said writ petition was allowed by this court vide order dated 10.12.2009 and the respondents were directed to permit the writ petitioner to continue in service upto the age of 60 years leaving it open for the respondents to amend the rules. The Rules governing the service conditions of the petitioner have been amended on 10.2.2011 whereby the age of superannuation has now been prescribed as 58 years. In my considered view, the amended rule has no retrospective effect nor an amendment adversely affecting the service conditions can be introduced retrospectively. That being so and following the reasons already assigned in Mrs. Sheela's case (supra), the writ petition is allowed; the impugned order dated 29.01.2010 is quashed and the respondents are directed to grant all the consequential benefits to the petitioner including arrears of pay w.e.f. 1.02.2010 till she would have attained the age of 60 years and/or till 10.02.2011 when the Rules have been amended which ever is earlier. The arrears of pay and other service benefits shall be released in favour of the petitioner within a period of two months from the date of the receipt of certified copy of this order. Dasti. (Surya Kant) 15.02.2011 Judge rp