IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 17784 of 2010 Date of Decision: 30.9.2010. Y.P. Sehgal & others --Petitioners Versus Sarv Shiksha Abhiyan Society, U.T., Chandigarh & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Naveen Sharma, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) The petitioners are the retired Govt. employees. They were engaged under the Sarv Shiksha Abhiyan Programme by the Sarv Shiksha Abhiyan Society, U.T., Chandigarh on contract basis vide orders dated 15.11.2007 and 13.9.2006 respectively on a fixed remuneration of Rs.6,000/- plus Rs.1500/- as conveyance allowance. The engagement of both the petitioners was up to 31.3.2008. It appears that their engagement was further extended from time to time. The Executive Committee of the Sarv Shiksha Abhiyan Society in its meeting held on 9.10.2003 vide Agenda Item No.6 decided to enhance the age of the engagement of the employees under Sarv Shiksha Abhiyan Scheme up to 65 years. The aforesaid decision was reiterated in subsequent meeting held on 11.7.2007 vide Agenda Item No.21 despite the objections raised by the Accountant General's office. It appears that the society had a re-thinking on this issue and in the 6th meeting held on 5.8.2010 the society reversed its policy decision and decided to keep the upper age limit of retired employees for retirement as 62 years. The following resolution was accordingly adopted:- CWP. No. 17784 of 2010 -2- “ Agenda Item No.6 Maximum Age Limit for Retirees employed on posts of SSA U.T. Chandigarh. It was decided that the retired employees may be appointed up to the age of 60 years and may be allowed to work under Sarva Shiksha Abhiyan Society up to the age of 62 years.” The petitioners have assailed the aforesaid decision. The contention raised on behalf of the petitioners is that once the society has taken a conscious decision to extend the engagement of the retired employees under the Sarva Shiksha Abhiyan Scheme up to the age of 65 years, there was no valid reason for the society to have adopted a different resolution to reduce the age up to 62 years. Learned counsel for the petitioner has placed reliance upon Rule 164 of G.F.R, 2005 whereunder all the departments are required to adopt the rules for outsourcing of services etc. It is not in dispute that no statutory rules were ever framed. The Sarva Shiksha Abhiyan Scheme is a Govt. of India sponsored scheme and is being implemented by a society, though, under the Govt. control. The engagement of the petitioners was/is on contract basis. It is regulated by the decisions of the society. The society in its wisdom decided to keep the engagement up to age of 65 years, however, on re-consideration the society has decided to keep the upper age limit of a retired Govt. employee up to the age of 62 years. It is primarily a policy decision and no interference under Article 226 is warranted in such policy decisions, unless the policy is apparently arbitrary or against the larger public interest. The decision has been applied uniformly to all the re-engaged Govt. employees. CWP. No. 17784 of 2010 -3- Thus, there is no element of arbitrariness in the impugned decision. Apart from the above, the petitioners are admittedly retired Govt. employees. They were engaged purely on contract basis. No right, whatsoever vests with the petitioners to seek continuation on the basis of a policy decision which otherwise stands modified. In fact the re-engagement of the petitioners is a bonus for them. None of their fundamental, statutory or legal rights is infringed. No interference is warranted. Petition dismissed. (PERMOD KOHLI) JUDGE 30.9.2010. lucky