Service Law — Age of superannuation — Enhancement from 58 to 60 years
Employees working in societies and institutions falling under Article 12 of the Constitution and included in Schedule IX of the A.P. Reorganisation Act, 2014, are entitled to enhancement of age of superannuation from 58 to 60 years in terms of Government policy and statutory prescriptions.
(Paras 3–4, 8)
State instrumentalities — Article 12
Andhra Pradesh Society for Training and Employment Promotion (APSTEP), being a State instrumentality under Article 12 of the Constitution, is bound by Government policy decisions relating to service conditions of employees.
(Para 3)
Government Orders — Binding effect
G.O.Ms.No.138 dated 08.08.2017 enhancing the age of superannuation to 60 years with effect from 02.06.2014, and G.O.Ms.No.5 dated 04.06.2020 extending the said benefit to APSTEP and DSSTEP employees, are binding and enforceable.
(Paras 4–6, 8)
Parity — Similarly situated employees
Employees similarly situated to those covered by the orders of the Hon’ble Supreme Court in Civil Appeal Nos.10273 of 2017 and batch are entitled to identical service benefits including continuation till 60 years with all consequential benefits.
(Paras 5–6, 8)
Illegal retirement — Superannuation at 58 years
Retirement of employees at the age of 58 years after 02.06.2014, despite policy decisions and Government Orders enhancing the age to 60 years, is arbitrary and unsustainable.
(Paras 4–6, 8)
Reinstatement — Consequential benefits
Employees who were prematurely retired at 58 years and who had remaining service up to 60 years are entitled to continuation in service and all consequential benefits, if not already paid.
(Paras 6, 8)
ANALYSIS
The writ petition challenged the notice of retirement dated 01.05.2017 issued by the 6th respondent retiring the petitioner at the age of 58 years, contending that the action was contrary to statutory provisions and Government policy enhancing the age of superannuation to 60 years (Para 1).
The Court noted that APSTEP is a State instrumentality under Article 12 and is also included in Schedule IX of the A.P. Reorganisation Act, 2014, making it amenable to constitutional discipline and Government service policy (Para 3).
The Government of Andhra Pradesh had taken a policy decision to enhance the age of superannuation from 58 to 60 years with effect from 02.06.2014, issuing G.O.Ms.No.138 dated 08.08.2017, granting in-principle approval to extend the benefit to Schedule IX and X institutions (Para 4).
The Court relied heavily on the orders of the Hon’ble Supreme Court dated 09.08.2017 in Civil Appeal Nos.10273 of 2017 and batch, wherein it was categorically held that all employees who attained 58 years on or after 02.06.2014 are entitled to protection of service up to 60 years with all consequential benefits (Para 5).
Further, the Court noted issuance of G.O.Ms.No.5 dated 04.06.2020, whereby the Government explicitly extended the benefit of enhanced superannuation age to APSTEP and DSSTEP employees, including reinstatement of those prematurely retired, subject to amendment of service rules (Para 6).
The respondents did not dispute the applicability of these Government Orders (Para 7).
In view of the binding nature of the Government Orders and the authoritative pronouncement of the Supreme Court, the Court held that the petitioner is entitled to continuation in service up to 60 years along with all consequential benefits, if not already extended (Para 8).
RATIO DECIDENDI
Employees of APSTEP, being a State instrumentality under Article 12 and governed by Government policy, are entitled to enhancement of age of superannuation from 58 to 60 years with effect from 02.06.2014. Any retirement at 58 years after the said date is arbitrary and illegal, and such employees are entitled to continuation in service up to 60 years with all consequential benefits in terms of Government Orders and Supreme Court directions.
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