VidhiSangh

Supreme Court of India · 17/05/2018

THE KERALA ASSISTANT PUBLIC PROSECUTORS ASSOCIATION versus THE STATE OF KERALA AND ORS.

[2018] 6 S.C.R. 1139 · 2018 INSC 528

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Summary

The Supreme Court rejected Kerala Assistant Public Prosecutors’ demand to retire at 60 instead of 56 for appointees governed by the pre-April 2013 service regime. Similar prosecutorial functions did not establish parity with panel-appointed Public Prosecutors or judicial officers, whose appointment and service conditions differed. Later recruits were governed by a different pension regime. The offer to forgo pension during extra service was left to government policy, with liberty to represent and no direction to accept it.

Issues

  1. Whether similarity of functions entitled earlier Assistant Public Prosecutors to retirement-age parity with Public Prosecutors, judicial officers or later recruits.
  2. Whether willingness to forgo pension during additional service justified a judicial extension of retirement age.

Held

Result

Appeal dismissed without costs. Liberty to make a representation concerning the pension-for-extra-service proposal; no direction to extend retirement age or accept the proposal.

Judgment PDF: Supreme Court of India, [2018] 6 S.C.R. 1139.