DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Puvvada Venkata Mohana Murali Krishna Murthy – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
Dhiraj Singh Thakur, CJ. - We propose to decide this batch of petitions by way of a common judgment and order in view of the fact that similar questions of fact and law arise in this set of cases. For purposes of reference, facts as contained in W.P. No.4861 of 2018 shall be referred to.
2. The petitioners all were employees of the Prakasam District Cooperative Central Bank Limited, who retired at the age of 58 years having attained the age of superannuation and retired by the year 2017. The case of the petitioners is that they ought to have been retired on attaining the age of 60 years. With a view to support this fact, the petitioners stated that the Andhra Pradesh Legislature enacted the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014, (for short, 'Act No.4 of 2014') whereby in Section 3(1), the following sub-section was substituted.
'(1) Every Government employee shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years.'
3. It would not be out of place to reproduce hereinbelow the definition of 'Government employee' under the Andhra Pradesh Public Employment (Regulation o
The main legal point established in the judgment is the autonomy of Cooperative Credit Societies in making decisions regarding personnel policy, staffing, and retirement age, and the importance of co....
The Court held that the enhancement of age of superannuation to 62 years is a policy decision of the State Government and does not automatically apply to employees governed by independent Bye-laws.
The enhancement of retirement age is a policy matter for the State Government and is not automatically applicable to all educational institutions under its governance without amendments to respective....
The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.
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....
Employees of Primary Agricultural Cooperative Credit Societies are entitled to the same age of superannuation as government employees, subject to compliance with procedural requirements.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
The amendment to superannuation age applies to the petitioners as they are covered under service regulations, ensuring parity with government employees.
Since the enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used ....
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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