VidhiSangh

Supreme Court of India · 03/03/2025

SANJAY SADASHIV BENDRE & ANR. versus THE STATE OF MAHARASHTRA & ORS.

[2025] 3 S.C.R. 1165 · 2025 INSC 400

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Summary

Leading Firemen/Tandels of the Pune Municipal Corporation challenged the Bombay High Court's view that their reclassification as Class III under the Pune Municipal Corporation Services (Recruitment and Classification of Services) Rules, 2014 reduced their retirement age from 60 to 58. The Supreme Court held that retirement age is governed by Regulation 66 read with Appendix A of the Municipal Service Regulations, 1954, framed under Section 465 of the Maharashtra Municipal Corporations Act, 1949, and that recruitment rules framed under Section 457(3)(a) cannot impliedly override a regulation specifically fixing the retirement age; the post remains in the 'inferior service' retiring at 60.

Issues

  1. Whether the reclassification of Leading Fireman/Tandel as Class III under the Recruitment Rules, 2014 validly overrides the classification of that post in the 'inferior service' under Appendix A of the Municipal Service Regulations, 1954, so as to fix the retirement age at 58 instead of 60.
  2. Whether a later set of recruitment rules framed under Section 457 of the Maharashtra Municipal Corporations Act, 1949 can impliedly repeal or curtail service conditions fixed by regulations framed under Section 465 of that Act.

Provisions considered

Held

Result

Appeal allowed; High Court judgment dated 02.05.2023 set aside; appellants to continue till 60 with consequential benefits; Corporation orders retiring Leading Firemen/Tandels at 58 quashed and retirement at 60 to be given effect in service records and pension; employees already relieved to be restored if under 60 and willing, or else given notional benefits including recalculated pension (no salary for the period not served), preferably within three months; no costs.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 1165.