PAIARA LAL versus STATE OF PUNJAB AND ANR.

PAIARA LAL versus STATE OF PUNJAB AND ANR.

The age of retirement is a condition of service protected by the proviso to Section 115(7) of the State Re-Organisation Act, 1956; in the absence of previous or general approval by the Central Government to vary the age from 60 years (PEPSU) to 58 years (Punjab), Punjab could not retire the appellant at 58 years; the High Court erred in law by not applying this statutory protection.

Parties
Appellant: Paiaralal; Respondents: State of Punjab and Anr.
Jurisdiction
India
Judgment Date
08 August 1999
Procedural Posture
Civil Appeal / Supreme Court (appeal From Punjab & Haryana High Court RSA No. 611 of 1996)
Outcome
Appeal allowed
Legal Topics
State Re Organisation Act, 1956, Conditions of Service, Age of Retirement, Merger of States, Police Constables, Superannuation
Service Law State Re Organisation Act, 1956 Conditions of Service Age of Retirement Merger of States Police Constables Superannuation

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Parties

Paiaralal

Appellant

State of Punjab and Anr.

Respondents

Procedural Posture

Civil Appeal / Supreme Court (appeal From Punjab & Haryana High Court RSA No. 611 of 1996)

Legal Issues

  1. 1 Whether the State of Punjab could alter the age of retirement for Police Constables allotted from PEPSU without Central Government approval under Section 115(7) proviso of the State Re-Organisation Act, 1956

Ratio Decidendi

The age of retirement is a condition of service protected by the proviso to Section 115(7) of the State Re-Organisation Act, 1956; in the absence of previous or general approval by the Central Government to vary the age from 60 years (PEPSU) to 58 years (Punjab), Punjab could not retire the appellant at 58 years; the High Court erred in law by not applying this statutory protection.

Court Disposition

Appeal allowed

Orders

  • Judgment of the High Court set aside
  • Judgment of the trial court as affirmed by the first appellate court restored