Himachal Pradesh High Court Landmark Judgment: Equal Retirement Age for Class-IV Employees... High Court disposed off a bunch of 103 petitions... a big relief for the employees..
Shimla: In a landmark ruling here today, the Himachal Pradesh High Court, headed by Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua, has delivered a significant judgment impacting thousands of Class-IV government employees.
The court addressed 103 petitions challenging the discriminatory retirement age policy, which set different retirement ages based on the date of engagement.
The judgment revolved around the notification dated February 21, 2018, which set a cut-off date of May 10, 2001. Class-IV employees engaged before this date were entitled to a retirement age of 60, while those engaged after were required to retire at 58. The court found this distinction to be arbitrary and discriminatory.
The court emphasized that all Class-IV employees, regardless of their engagement date, should have the same retirement age. "The classification must be founded on an intelligible differentia, which the State failed to establish," the bench noted. The notification did not provide any rationale or logic to differentiate between employees engaged before and after May 10, 2001.
The court observed that the object of enhancing the retirement age to 60 was to allow lowly paid employees to enjoy the benefits of service for a longer duration. However, imposing a cut-off date frustrated this objective. The bench criticized the lack of an explanatory statement or "objects and reasons" for the decision, highlighting that no superior qualities justified different retirement ages.
In their verdict, the judges stated, "We hold that there ought to be the same age of superannuation prescribed for all Class-IV employees, i.e., 60 years."
The court struck down the notification's discriminatory clause and declared that all Class-IV government servants would retire at the age of 60, regardless of their initial date of engagement or regularization.
The court ordered the reinstatement of employees who had retired before reaching 60, provided they had not yet crossed this age.
Those who could not be reinstated due to having already turned 60 would receive compensation equal to the total emoluments they would have earned if they had remained in service until 60. This includes consequential retiral benefits, all to be paid within three months.
Employees continuing in service due to interim court orders will remain in their positions until they turn 60.
This judgment marks a significant step towards ensuring equality and fairness for Class-IV employees in Himachal Pradesh.
The court's decision underscores the importance of uniformity in service conditions and the elimination of arbitrary distinctions that affect the livelihood and dignity of employees.
