Supreme Court of India · 1971-04-05
BATAHARI JENA vs STATE OF ORISSA
- Citation / case number
- SC 1967/410
- Court
- Supreme Court of India
- Petitioner
- BATAHARI JENA
- Respondent
- STATE OF ORISSA
- Author
- SIKRI, S.M. (),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
- Bench
- SIKRI, S.M. (CJ),MITTER, G.K.,HEGDE, K.S.,GROVER, A.N.,REDDY, P. JAGANMOHAN
Judgment text excerpt
The Supreme Court held that the Government of Orissa retained the authority to retire employees at the age of 55 despite raising the age of superannuation to 58 years via a resolution dated May 21, 1963. The Court clarified that the Liberalised Pension Rules did not mandate that an employee must have completed 30 years of service before being retired at 55. Furthermore, the Court ruled that the retirement order did not cast a stigma on the appellant, thus Article 311(2) of the Constitution was not applicable in this case. The appeal was dismissed, affirming the government's decision to retire the appellant.