Important Decisions of the Supreme Court: States full right to retirement of government employees

Important Decisions of the Supreme Court: The Supreme Court has recently given an important decision that a state has full and full power on service conditions related to the retirement of government employees. This decision has been pronounced by a bench of Justice Rishikesh Roy and Justice Prashant Kumar Mishra in a case related to Uttar Pradesh.

The case was related to a Pharmacist-Cum-Store Keeper of a Uttar Pradesh, which was essentially retired. The employee waited for the notification to increase the retirement age from 58 to 60 years in the service manual, which was effective for other similar positions. The employee argued that because his case was under consideration in the court, he should have got the benefit of the newly increased age.

However, the Supreme Court rejected this argument. The bench ruled that the petitioner had ‘only a vague expense’ on the rules related to the increased age of retirement and had to be compulsorily retired as per the provisions of the service rules. The court underlined that the power to determine the conditions of appointment of government employees with the concerned governments, which are subject to the parameters set by public policy and law. This principle is based on the sovereign nature of the government to set service conditions for its own employees.

Important Decisions of the Supreme Court: States full right to retirement of government employees

The bench also added in its judgment that by keeping a case under consideration, no employee can be deserved of a benefit that has only ‘expectation’ on him, especially when a law provided or clearly determined. This decision can have far -reaching effects, which will give state governments more clarity and autonomy in determining the service conditions of their employees, especially retirement.