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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR
Kaptan Singh Sengar – Appellant
Versus
State of Jharkhand through the Development Commissioner, Jharkhand-cum-Chairman, Management Committee, Ranchi Institute of Neuro Psychiatry & Allied Sciences (RINPAS), Ranchi – Respondent
| Table of Content |
|---|
| 1. challenge to retirement age based on discrimination. (Para 1) |
| 2. petitioner's service history and discrimination in retirement age. (Para 2 , 3 , 4) |
| 3. defendant's justification of rules regarding qualifications and retirement age. (Para 5 , 6 , 7 , 8) |
| 4. policy decision on classification between medical and non-medical teachers. (Para 9 , 10) |
| 5. argument against discrimination in retirement age based on qualifications. (Para 12) |
| 6. importance of reasonable classification under article 14. (Para 13 , 14 , 15 , 16) |
| 7. distinct differences between medical and non-medical teaching cadres. (Para 17 , 18 , 19) |
| 8. writ petition dismissed as devoid of merit. (Para 20) |
JUDGMENT :
The present writ petition has been filed for quashing the reasoned order as contained in memo no. 479 dated 02.03.2021 (Annexure-14 to the writ petition) passed by the respondent no. 3 – the Director, RINPAS, Kanke, Ranchi, wherein it has been stated in the light of decision taken by the Managing Committee of Ranchi Institute of Neuro Psychiatry & Allied Sciences (RINPAS) that on attaining the age of 62 years, the date of retirement of the petitioner has been considered as 28.02.2021 since the retirement
Reasonable classification under Article 14 allows differentiation in retirement age based on distinct roles and qualifications between medical and non-medical teaching cadres.
Classification of retirement age between medical and non-medical teachers is justified under Article 14 as it is based on reasonable differentiation of roles and qualifications.
The main legal point established in the judgment is the prohibition of discriminatory treatment based on qualifications, as it violates Article 14 of the Constitution of India.
The amendment to Rule 56 of the Rajasthan Civil Services Rules, allowing different retirement ages for MBBS and BDS degree holders, was found discriminatory and unconstitutional under Articles 14 and....
increasing the age of superannuation only in the case of Professors, there is no violation of Article 14 of the Constitution of India, as alleged, for the simple reason that whereas equals cannot be ....
Discrimination in the enhancement of the age of superannuation based on the type of medical degree held is in violation of Article 14 of the Constitution of India.
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