HC dismisses petition against retirement age

Saurabh Malik

Tribune News Service

Chandigarh, February 6

When Faridkot became a part of the Patiala and East Punjab States Union (PEPSU) under agreements and covenant of states, little did Gurbachan Singh, Hukam Singh and other employees of Faridkot realise that it would affect their retirement age.

They were retired by the Punjab government at 58, instead of 60, the age of superannuation in Faridkot state. A challenge to the decision too did not pave way for them to remain in the office as the Punjab and Haryana High Court dismissed their pleas.

In their petitions placed before Justice Rajiv Narain Raina against the states of Punjab and Haryana, the petitioners were seeking directions to the respondents to treat them as having retired at 60 and not 58.

The court was told that the petitioners were employees of the Faridkot state, which became part of PEPSU under agreements and covenant of states. They were retired by the Punjab Government at 58 in terms of age of retirement prescribed in the Punjab Civil Service Rules.

Their counsel argued: “Covenants have to be honoured since they form the basis of accession to the Union of India to form a federal polity.”

Justice Raina said: “Though these decisions deal with age of retirement of employees serving the ruler of erstwhile Jind state absorbed in the services of the state government, the principle remains the same for Faridkot state when it merged with the Union by the covenant of states.

“It has been pointed out that the age of superannuation in Jind state was 62 whereas in Faridkot state it was 60 while it is 58 years in Punjab. The petitioners were rightly retired at 58 on reaching the age of superannuation. There is no merit in this petition… Consequently, both petitions are dismissed,” Justice Raina concluded.