Supreme Court of India
Nagaland Senior Govt. Employees Welfare Association & Ors. v. The State of Nagaland & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that a provision such as that at issue which prescribes retiring the persons from public employment in the State of Nagaland on G completion of 35 years' service from the date of joining or until attaining the age of 60 years, whichever is earlier, does not suffer from the vice of arbitrariness or irrationality and is not violative of Articles 14 and 16 of the Constitution.
Judgment, page 37
From the headnote
Service Law: Nagaland Retirement From Public Employment Act, 1991: s.3(as amended by Amendment Act, 2009) - Providing for retirement of a person on completing 35 years of service from the date of joining or on attaining the age of 60 years, whichever is earlier- HELD: Is valid and does not suffer from the vice of arbitrariness/ irrationality nor is it violative of Articlf]s 14 and 16 of the Constitution - There is no absolute proposition in law nor any invariable rule in the service jurisprudence that an employee can be made to retire from public employment on account of age alone - Fixation
Authorities it was built on
- 1978 Pathumma and Others v. State of Kerala and Others
- 1985 K. Nagaraj & Ors. Etc. Etc., v. State of Andhra Pradesh & Anr. Etc.
- 1993 Yashwant Singh Kothari Etc. Etc. v. State Bank of Indore and Ors.
- 1964 State of Uttar Pradesh v. Kartar Singh
- 1988 Fertilizers & Chemicals Travancore Ltd. v. Kerala State Electricity Board & Another
Where later benches applied it
- 2015 Union of India & Ors. v. A.K. Behl, Avsm, Phs Etc.
- 2020 Gopal Prasad v. Bihar School Examination Board and Others
Of those, 1 relied on · 1 referred to
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