Court Has No Power To Enhance Employee’s Retirement Age: HC 

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SRINAGAR — The Jammu and Kashmir high court on Friday said that a Court has no power to enhance the age of retirement of an employee beyond the one fixed by the competent authority. 

Rejecting a plea by an Assistant Librarian in National Institute of Technology at Hazratbal here, a bench of Justice Ali Mohammad Magrey said that mere recommendations in favour of the petitioner in fixing his age of superannuation from 60 to 62 years does not vest him with any indefeasible right to claim continuation in the respondent Institute beyond the already fixed age of retirement by the competent authority.

“The Court has no power to enhance the age of retirement of an employee beyond the one fixed by the competent authority,” the court said, adding that though there are recommendations of the Committee as well as the Board of Governors for enhancement of the age of superannuation of the petitioner from 60 to 62 years but same are only on paper as they have not been accepted by the competent authority, i.e. the Government of India, Ministry of Human Resource Development.

“No notification has been issued to that effect. Therefore, the claim of the petitioner has no substance, as such, is liable to be rejected, the court said and dismissed his petition.

The petitioner, Mohammad Farooq Mir, had stated in his petition that he was appointed as Assistant Librarian in the then Regional Engineering College, Srinagar (subsequently, in the year 2003, renamed as the ‘National Institute of Technology, Srinagar, Hazratbal’) vide order No. 160 of 1989 dated 5th of August, 1989. Thereafter, he, while working as Assistant Librarian, moved a representation before the competent authority seeking benefit of enhancement of the age of retirement from 60 years to 62 years, as has been done in the case of similarly situated Assistant Librarians working in various institutes of the technologies, universities, etc. He stated that his case was placed before Committee who recommended fixing his age of superannuation from 60 years to 62 years. These recommendations of the Committee were placed before the Board of Governors, wherein it was resolved that he is entitled to the benefit of superannuation at the age of 62 years as per the Ministry of Human Resource Development (MHRD) order. However, the respondents in terms of notice issued vide endorsement No. NIT/PD/2017/4856-85 dated 6th of December, 2017, notified the age of superannuation of the petitioner as 30th of April, 2018, being 60 years.

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