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by Admin
07 May 2024 2:49 AM
In a landmark judgement, the Supreme Court of India upheld the Kerala High Court's decision denying the extension of retirement age for the teaching faculty in Homeopathic Medical Colleges in the State of Kerala. The appellants had sought an extension of their retirement age from 55 to 60 years, similar to the benefit extended to Doctors in the Medical category under the Medical Education Service.
The Supreme Court emphasized, "Retirement age is a policy matter within the State's domain," adding that the courts should not interfere in such policy decisions. The judgement further stated that whether the extension should be given retrospective or prospective effect is also a matter for the State to decide. [Para 11-13, 16-17]
The appellants had initially filed a writ petition in the Kerala High Court, which was dismissed. The High Court had held that the matter was a policy decision and not open for judicial review. [Para 1-4]
The State of Kerala had issued a Government Order enhancing the retirement age of Doctors in the Medical category from 55 to 60 years. However, this order explicitly excluded faculties in Dental, Nursing, Pharmacy, and Non-Medical categories, as well as Homeopathic Medical Colleges. [Para 2-3]
During the pendency of the appeal, the State issued new Government Orders extending the retirement age for Dental and Ayurvedic faculties to 60 years. These were not given retrospective effect, thereby not benefiting those who had already retired. [Para 8-10, 14-15]
The Court also clarified that the appellants could not claim a vested right to apply the extended age of retirement to them retrospectively based on the doctrine of legitimate expectation. [Para 18]
Supreme Court upheld the High Court's judgement and dismissed the appeal, leaving the parties to bear their own expenses. [Para 20]
Date of Decision: August 25, 2023
PRAKASAN M.P. AND OTHERS vs STATE OF KERALA AND ANOTHER
