Legal Reference Library

In a landmark judgment, Gujarat high court has ruled that the government's norms for retirement for employees do not apply to minority-run educational institutions. Such institutes can engage the services of its employees beyond the age of superannuation, which is 60 years, till the employees are mentally and physically fit. The only requirement is that employees must have this certified by medical authorities. Justice J B Pardiwala restrained the state government from any interference and observed that it must continue to pay grants towards salaries of such senior employees, that the institute feels can serve the best interests of students and the community. The high court said that the grant-in code cannot prevail over regulations for running minority institutions. If the government interferes in selection, taking action or making the staff - both teaching and non-teaching - retire, it is in clear violation of Article 30(1) of the Constitution, which protects and confers auton...

The Vacation Bench of the Supreme Court in State of West Bengal vs Aswini Kumar Mahato has held that an order of cut in pension was permissible after a person reached the age of superannuation. The Bench comprising of Justices A.K.Goel and A.M.Khanwilkar has allowed the Appeal filed by State of West Bengal against a Calcutta High Court order in which it was held that once an employee is allowed to retire on attaining the age of superannuation, the concerned authority has no jurisdiction to pass an order in a disciplinary proceeding since the master-servant relationship cannot exist after retirement. It is argued on behalf of the state that under Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 pension can be withheld if either any pecuniary loss was caused by the concerned employee or the employee is found to be guilty of misconduct or negligence while in service. This, of course, is subject to the conditions contained in the proviso to Rule 10(1) of th...