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MANOJ MISRA, K. V. VISWANATHAN
Kashmiri Lal Sharma – Appellant
Versus
Himachal Pradesh State Electricity Board Ltd. – Respondent
ORDER :
1. Leave granted.
2. These two appeals arise from a writ petition (i.e., CWP No.146 of 2020) filed by the appellant for declaring the retirement order dated 30.09.2018, seeking to retire the appellant at the age of 58, as null and void in view of the Office Memorandum (for short OM) dated 29.03.2013 and also for declaring the OM dated 04.11.2019, withdrawing the OM dated 29.03.2013, as null and void, or, in the alternative, to declare the same as not applicable to the appellant. By the impugned order dated 28.07.2021 the aforesaid writ petition was dismissed and, later, by the second impugned order dated 22.06.2022 the review was dismissed.
Facts
3. Briefly stated the facts giving rise to these appeals are as under:
The court established that the retirement age extension benefit applies to all specified disabilities, not just visually impaired individuals, affirming equality under the law.
The statutory obligation to protect employees acquiring disability during service and the discriminatory nature of extending age benefits only to specific disability categories.
Employees of autonomous bodies like the DRDA cannot claim parity with state government employees regarding retirement benefits unless explicitly provided by law or policy, and changes in retirement a....
The decision to continue an employee in service till the age of 60 years is dependent on the certification of being 70% or more physically disabled by the Medical Board.
The court affirmed that the discretion to extend superannuation age lies with the employer, considering the institution's interests and financial health, without constituting discrimination.
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