Niyam v2 is live — start for just ₹100 — 200 credits to try

april 1971

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.

BATAHARI JENA vs STATE OF ORISSA · Niyam