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SAMEER JAIN
Gulzari Lal S/o Late Shri Banwari Lal – Appellant
Versus
State Of Rajasthan, Through Registrar Co-Operative Societies – Respondent
ORDER :
Sameer Jain, J.
1. With the consent of learned counsel for both the sides, the present bunch of petitions, involving common questions of fact and law, are jointly taken up for final disposal. For the purpose of recording arguments and/or submissions, the lead file is taken as S.B. Civil Writ Petition No. 6973/2018 titled as Gulzari Lal vs. State of Rajasthan.
2. By way of the instant petition, filed under Article 226 of the Constitution of India, the following prayers are sought, as reproduced herein-under:-
(ii) the respondent bank be directed to raise the superannuation age of the petitioner in order to bring at par with the similarly situated persons in the Bank itself as well as in other Cooperative Bank and Autonomous bodies of the State.
(iii) by an appropriate writ order or direction this Hon’ble Court may kindly quash and set aside the superannuation date of the petitioner i.e. 31.03.2016 as the petitioner has been retired by the respondent bank on this date. While extending the superannuation age up to 60 years and consequenti
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.
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 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 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.
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....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.
Service Matter – Age of retirement – 1 - Every Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixty years:2- Government ....
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
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