Employee Retirement Age: High Court’s big order regarding this category of government employees

Himachal Pradesh High Court has given relief to Class IV employees regarding retirement age. The court ordered that all Class IV employees should be retired only after completing 60 years of age.

While making an important ruling, the High Court has clarified that discrimination against Class IV employees on the issue of retirement age is illegal, hence all Class IV employees who are in government service after May 10, 2001, will now be retired on completion of 60 years of age.

Order issued to recall those who retired before the age of 60

An order was issued to recall the employees who were retired before the age of 60 years, and to retire them only after completing the age of 60 years.

The court has also given relief to those employees who cannot be reinstated after completing the age of 60 years. The court also ordered to give two years’ salary to such retired employees by deducting their pension as compensation.

The court also cancelled the notification issued by the state government on February 21, 2018, under which it was provided that Class IV employees appointed after May 10, 2001 would be retired on completion of 58 years of age. This notification was challenged before the High Court through various petitions.

High Court disposed of 112 petitions

Disposing of 112 petitions together, the division bench of Chief Justice MS Ramachandra Rao and Justice Jyotsna Rewal Dua directed the state government that the fourth class employees who are continuing their services even after 58 years in view of the interim order, will work till the age of 60 years.

Those who have not received interim orders will work till the age of 60 years after their services are restored and the Class IV employees who have already completed 60 years of age will be paid financial benefits for two years after the age of 58 years.

The court said that since Class IV employees are a homogeneous class, there can be no discrimination among them regarding retirement age. There are about 19 thousand Class IV employees in the state.