Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2018 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (11) TMI 1951 - DELHI HIGH COURTEnhancement of retirement age of the respondent to 65 years - HELD THAT:- The retirement age of the respondent-who is a dental surgeon and was serving as Staff Surgeon in Non-Functional selection grade under the Ministry of Health and Family Welfare, was 60 years. He was aggrieved by the fact that though the Central Government had raised the retirement age of Allopathic doctors (General Duty Medical Officers(GDMOs)) of the Central Health Service (CHS) vide order dated 31.05.2016 to 65 years, the age of retirement of the respondent was not similarly raised and it continued to remain as 60 years. Since the Government itself has subsequently raised the retirement age of dental doctors to 65 years, there is no justification to deny the said relief to the respondent. Therefore, without going into the merits of the arguments sought to be advanced by the Union of India, on equitable considerations, the impugned order is not interfered in exercise of discretionary jurisdiction under Article 226 of the Constitution of India. In case the respondent continued to serve the petitioner even after attaining the age of 60 years, and he continues to do so, the petitioner is directed to make payment of arrears of salary and allowances to the respondent within four weeks from today, and to continue to pay his salary and other allowances in future till the respondent superannuates at the age of 65 years. However, it is made clear that the respondent shall not be assigned any administrative duties in terms of the Governmental decision.
|