A petition was filed before the Supreme Court, seeking to issue directions to the State Government of Madhya Pradesh and the High Court of MP to increase the age of superannuation of members of Subordinate Judicial officers to 62.
Brief facts of the case
A writ petition was filed under article 32 of the Indian Constitution to grant appropriate order with respect to increase in the age of superannuation of members of the subordinate judiciary to 62 yrs as it had been done for the state government employees of MP. The failure would result in hostile discrimination regarding State Govt. employees who are governed under the same service rules.
Arguments before the Court
The advocate on the behalf of petitioners submitted that the MP state government employees would get the advantage of superannuation at the age of 62 however judges have to retire at the age of 60 and therefore it is violative of Article 14 of the Constitution of India.
It was also submitted that the government of MP has promulgated an ordinance that amended the Madhya Pradesh shaskiya sevak (Adhivarshiki-Ayu) Adhiniyam, 1967 with sub-rule 1 of rule 56 of the “Fundamental Rules”, which had increased the age of superannuation of government employees from 60 to 62.
The petitioner also sought for amendment in paras 26 & 40 of the judgment of the Supreme Court in the case of All India Judges Association & Ors. Vs. Union of India & Ors. (2002) 4 SCC 247, which held that superannuation of subordinate judicial officers cannot be raised to 62 years of age.
The petitioner also contended that the MP government has discriminated against the judicial officers as they have to retire at the age of 60 whereas the other state officers and employees are getting the benefit of superannuation age of 62.
Decision of the Court
The Supreme Court issued a notice in the petition which sought to issue directions or order to the State Government of Madhya Pradesh and the High Court of Madhya Pradesh to enhance the age of superannuation of members of Subordinate Judicial officers to 62.
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