Supreme Court · 1970 INSC 123 · Decided 4 May 1970

State of Assam & ORS. v. Premadhar Baruah & ORS. ETC.

Court
Supreme Court of India
Citation
1970 INSC 123 · [1971] 1 S.C.R. 503
Case number
CIVIL APPEAL No. 1334/1969
Decided
4 May 1970
Bench
A.N. RAY, I.D. DUA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 14, 309

Headnote

Cons1itution of Indi<1, Art. 14-0rdtr r"lsi11g t1R&bull; of superanmwtio11- Di.vcrerlon with appointing authority to r~tire wl1J1out assigning rea&on&shy; Jf discriminator)'. Under Fundamental Rule S6(a) a Government servant superaqnualcs on the date he attains the age of SS years, but In 1963, the appellant-State issued a memorandum stating its decision that the age ot compulsory retirement of the State Government servants was to be 58 years, and the appointing authority was also empowered to retire the Gov&shy; ernment servant after he attained the age of 55 years on 3

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