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october 1964

Supreme Court of India · 1964-10-07

BISHUN NARAIN MISHRA vs STATE OF UTTAR PRADESH AND OTHERS

Citation / case number
SC 1963/316
Court
Supreme Court of India
Petitioner
BISHUN NARAIN MISHRA
Respondent
STATE OF UTTAR PRADESH AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,DAYAL, RAGHUBAR,MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the reduction of the age of superannuation from 58 to 55 years by the Uttar Pradesh Government did not violate Article 311 of the Constitution, as it did not constitute removal from service but merely a change in retirement age. The Court clarified that the notification was not retrospective and thus did not infringe Article 14, as it applied only from the date it came into force. The appeal against the High Court's dismissal was therefore rejected, upholding the government's authority to modify retirement age.

BISHUN NARAIN MISHRA vs STATE OF UTTAR PRADESH AND OTHERS · Niyam