The age of superannuation is a matter of executive policy, and courts should not interfere in such decisions unless they are shown to be ex facie arbitrary or perverse.

JUDGMENT

V. KAMESWAR RAO, J.

1. This writ petition was been filed by two petitioners. During the course of hearing on 27.02.2026, we were informed that the Registry of this Court is in receipt of a letter addressed to the petitioners counsel/Mr. Ankur Chhibber, wherein the petitioner no. 1 namely Dr. Debajyoti Chakraborty has stated that, for medical reasons, he does not wish to pursue this petition. Accordingly, his name was deleted from the array of parties, with petitioner No.2/Dr. R. D. Thakur, as the petitioner.

2. This petition has been filed with the following prayers:-

“(i) Issue a writ of certiorari quashing speaking order dated 03.07.2023 issued by the respondents;
(ii) Issue a writ of mandamus to forthwith enhance the superannuation age of Doctors/Medical Officers working in General Reserve Engineering Force/Border Roads Organization including the petitioners from 60 years to 65 years;
(iii) Pass any such other orders as it may deem fit to this Hon’ble Court in the facts and circumstances of the case.”

3. The facts as noted from the records are that the petitioner was appointed in General Reserve Engineering Force/Border Roads Organisation (“GREF” / “BRO”) as Civilian Medical Officer.

4. Prior to 31.05.2016, the superannuation age of all Doctors/Medical Officers working in various organisation of the Central government was 60 years. On 31.05.2016, the Department of Personnel & Training (DoP&T), Ministry of Personnel, Public Grievances and Pensions issued a notification amending Rule 56 of the Fundamental Rules, 1922 (“FR, 1922”) thereby increasing the age of superannuation in respect of General Duty Medical Officers and Specialists included in Teaching, Non-Teaching and Public Health Sub-cadres of Central Health Service to 65 years.

5. On 05.01.2018, DoP&T issued another notification amending Rule 56 of the FR, 1922 expanding the scope of its earlier notification dated 31.05.2016, increasing the age of superannuation for AYUSH doctors, Civilian Doctors under Directorate General of Armed Forces Medical Services, Medical officers of Indian Ordnance Factories Health Services, Dental Doctors working under Ministry of Health and Family Welfare; doctors of Indian Railways Medical Service and Dental Doctors under Ministry of Railways, doctors of General Duty Medical Officers Sub-cadre of Central Armed Police Forces and Assam Rifles and Specialist Medical Officers of Central Armed Police Forces and Assam Rifles to 65 years. Thereafter, DoP&T consolidated the above notifications thereby increasing the retirement age of the Doctors in the above organisations to 65 years vide memoranda dated 30.11.2022 and 01.12.2022.

6. The grievance of the petitioner is primarily that the Doctors/Medical Officers working in GREF/BRO were not included in the memoranda dated 30.11.2022 and 01.12.2022 for increasing the age of retirement of the doctors working in GREF/BRO from 60 to 65 years, though the retirement age in other organisation has increased.

7. According to the petitioner, there was no reason/justification to exclude Doctors/Medical Officers working in GREF/BRO in the memoranda dated 30.11.2022 and 01.12.2022, whereby, the retirement age of doctors working in other organisation including Central Armed Police Forces (‘CAPF”) was increased to 65 years. On 11.02.2023, the petitioner submitted an application requesting enhancement of superannuation age of Doctors/Medical Officers in GREF/BRO to 65 years.

8. On 19.04.2023, the petitioner filed a writ petition being W.P. (C) No.4951/2023 before this Court seeking a mandamus dire