Supreme Court of India
State of Uttar Pradesh v. Dayanand Chakrawarty & Ors.
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What the Court ordered
We are of the view that following consequential and pecuniary benefits should be allowed to different sets of employees who were ordered to B retire at the age of 58 years: c (a) The employees including respondents who moved before a court of law irrespective of fact whether interim order was passed in their favour or not, shall be entitled for full salary up to the age of 60 years.
Judgment, page 28
From the headnote
Service Law: Superannuation - State framed Regulations, 2005 - Fixing two different ages of superannuation (58 and 60) - For 8 c the employees of one Department, solely on the basis of their source of entry in the service - Propriety and constitutional validity of - Held: The employees from the two sources were 0 treated alike for the purpose of superannuation under Regulation 31 of 1978 Regulations - Subsequently no discrimination can be made and differential treatment would not be permissible, solely on the basis of their source of entry - Thus, Regulations, 2005 is unconstitutional and
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