VidhiSangh

Supreme Court of India · 28/05/2020

GOPAL PRASAD versus BIHAR SCHOOL EXAMINATION BOARD AND OTHERS

[2020] 11 S.C.R. 170 · 2020 INSC 408

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The judges differed on whether an employee appointed at about fifteen and a half years could be retired after forty-two years of service before reaching his actual sixtieth birthday. Rastogi J would uphold retirement by reading the service and pension rules together. Banerjee J would allow the appeal because the retirement rule prescribed age rather than length of service. The matter was placed before the Chief Justice for assignment to a larger Bench; neither proposed merits disposition commanded a majority.

Issues

  1. Whether completion of forty-two years of service permitted retirement before attaining the prescribed actual age.
  2. Whether pension qualification rules and a Board resolution could supply a minimum entry age or alter retirement rights.

Provisions considered

Held

Result

Matter placed before the Chief Justice of India for assignment to a larger Bench because of the judges’ disagreement. Appeal neither finally allowed nor finally dismissed by a majority.

Judgment PDF: Supreme Court of India, [2020] 11 S.C.R. 170.