STATE OF ASSAM AND ANR. ETC. versus BASANTA KUMAR DAS ETC. ETC.

STATE OF ASSAM AND ANR. ETC. versus BASANTA KUMAR DAS ETC. ETC.

The memorandum raising retirement age is a mere executive instruction and does not create any legal right to continuation in service beyond 55 years. Retention beyond the age of superannuation is purely at the discretion of the Government, and refusal to continue does not amount to discrimination. Objections to the validity of certificates for leave must be timely, and belated objections do not prejudice the appellant.

Parties
Appellant: State of Assam and Another; Respondent: Basanta Kumar Das; Respondent: Bansi Ram Das; Respondent: Kanak Lal Das (deceased) Widow first respondent; Respondent: Khageswar Saikia; Respondent: Anand Chandra Hazarika; Respondent: D. N. Mukherjee; Respondent: S. K. Nandy
Jurisdiction
India
Judgment Date
22 December 1972
Procedural Posture
Civil Appeal / Final Hearing and Disposition
Outcome
Appeals allowed; judgments of Assam High Court set aside.
Legal Topics
Retirement Age, Executive Instructions, Discrimination in Public Employment, Certificate for Leave to Appeal
Administrative Law Constitutional Law Service Law Retirement Age Executive Instructions Discrimination in Public Employment Certificate for Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

State of Assam and Another

Appellant

Basanta Kumar Das

Respondent

Bansi Ram Das

Respondent

Kanak Lal Das (deceased) Widow first respondent

Respondent

Khageswar Saikia

Respondent

Anand Chandra Hazarika

Respondent

D. N. Mukherjee

Respondent

S. K. Nandy

Respondent

Procedural Posture

Civil Appeal / Final Hearing and Disposition

Legal Issues

  1. 1 Whether the memorandum raising retirement age creates a legal right to continue in service beyond 55 years
  2. 2 Whether non-extension of service beyond 55 years amounts to discrimination
  3. 3 Whether certificate for leave to appeal without reference to specific clause of Article 133 is valid

Ratio Decidendi

The memorandum raising retirement age is a mere executive instruction and does not create any legal right to continuation in service beyond 55 years. Retention beyond the age of superannuation is purely at the discretion of the Government, and refusal to continue does not amount to discrimination. Objections to the validity of certificates for leave must be timely, and belated objections do not prejudice the appellant.

Court Disposition

Appeals allowed; judgments of Assam High Court set aside.

Orders

  • Judgments of the Assam High Court in the five petitions are set aside.
  • No order as to costs.