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INDRAJIT MAHANTY, S. G. CHATTOPADHYAY
Union of India – Appellant
Versus
Anjana Roy (Chakraborty) – Respondent
| Table of Content |
|---|
| 1. state government age limit dispute (Para 1) |
| 2. union's policy communication relevance (Para 2 , 5) |
| 3. guidelines on retirement age (Para 3) |
| 4. funding implications on policy (Para 4) |
| 5. affirmation of prior judgments (Para 6 , 7) |
| 6. judicial review scope on policy (Para 8 , 9) |
| 7. resolution of pending applications (Para 10) |
JUDGMENT
Indrajit Mahanty; CJ. - Heard Mr. Bidyut Majumder, learned Asstt. S. G., appearing on behalf of Union of India. Also heard Mr. Raju Datta, learned counsel appearing for private respondents as well as Mr. D Sharma, learned Additional Government Advocate representing the State-respondents.
1. In the present appeal, challenge has been made to the following directions passed by the Hon'ble Single Judge which read as follows :
'9. The State government has not accepted the upper age limit of discharge as suggested by the said memorandum dated 22.10.2012 issued by the Ministry of Women and Child Development. After the stock-taking exercise, the Union of India in the Ministry of Women and Child Welfare and Child Development Department, by virtue of the said memorandum dated 22.10.2012 has observed that AWWs/AWHs will be disengaged on completion of 65 y
Judicial review of government policy allows intervention only if the policy is manifestly arbitrary or unconstitutional, not on grounds of suitability.
No mandamus could be issued to force a particular age of discharge on the state government when its policy was not shown to be suffering from any illegality or irrationality.
State governments have discretion over service conditions of workers, including retirement age, especially under funded schemes without violating rights.
The retirement age of Anganwadi workers is subject to uniform standards set by central guidelines, overriding local policies that impose lower age limits, ensuring no arbitrary state action. All work....
Anganwadi Workers are entitled to continue their service until the age of 65, overriding state policies that impose a limit of 60, as a violation of central government guidelines.
The court emphasized the employer's discretion in fixing the age of superannuation and upheld the validity of Rule 19 of the 1974 Rules, highlighting the State's decision not to implement the UGC Reg....
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