TEJ BAHADUR RAM versus STATE OF U.P. AND ORS.

TEJ BAHADUR RAM versus STATE OF U.P. AND ORS.

The High Court was correct in holding there is no discretion to extend the age of retirement for an individual employee under the 1975 Regulations. The legal scheme does not allow such extension except with special circumstances and not beyond 60 years, and the cited case law is distinguishable on facts.

Parties
Appellant: Tej Bahadur Ram; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
07 September 2006
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by High Court
Outcome
Appeal dismissed
Legal Topics
Retirement Age, Extension of Service, Discretion of Management
Labour Law Retirement Age Extension of Service Discretion of Management

Case Brief

Summary, issues, holding and outcome

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Parties

Tej Bahadur Ram

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by High Court

Legal Issues

  1. 1 Whether the management has discretion to extend the retirement age of an individual employee under the U.P. State Electricity Board (Employees' Retirement) Regulations, 1975
  2. 2 Whether Regulation 2(a) of the 1975 Regulations is violative of Articles 14 and 16 of the Constitution of India

Ratio Decidendi

The High Court was correct in holding there is no discretion to extend the age of retirement for an individual employee under the 1975 Regulations. The legal scheme does not allow such extension except with special circumstances and not beyond 60 years, and the cited case law is distinguishable on facts.

Court Disposition

Appeal dismissed