Service Law

Age of Superannuation and Service Conditions

In this case, the Supreme Court of India examines the case involving the age of superannuation and service conditions of employees in Bihar College and autonomous bodies. The dispute centers around the application of the Patna University Act and various regulations governing retirement ages.

Key Points:

  1. Background: Until 1989, the superannuation age for Bihar College employees was 58, regulated by the Patna University Act. Later, the age was increased to 60 years. The High Court upheld this change.
  2. Service Conditions Differ: The respondents argue that their retirement age should match university teachers, but the service conditions of Bihar College and autonomous bodies differ. Recruitment, rules, and regulations vary.
  3. Autonomy of Bodies: Autonomous bodies have their own rules, distinct from government employees. Legal precedent supports that autonomous bodies determine their rules and cannot claim parity with government employees.
  4. National Water Development Agency (NWDA) Employees: The case involves NWDA employees governed by the Central Government Office Memorandum (OM). NWDA has its rules, but OM applies until their rules are framed.
  5. Certiorari Jurisdiction: The legal discussion emphasizes that a writ of certiorari corrects errors of jurisdiction or manifest law. It is not an appellate process and cannot correct mere factual errors.
  6. Applicability of Certiorari: Certiorari is not a remedy for correcting factual errors, but it can address errors of jurisdiction, legality, or manifest law. It cannot be used to reevaluate evidence.
  7. Disputed High Court Order: The High Court’s order equating service conditions of state colleges with universities is challenged. The order’s legality is questioned, and its reasoning analyzed.
  8. Writ of Certiorari Limitation: A writ of certiorari is not a tool for correcting every error or mistake. Its issuance depends on a clear jurisdictional or legal error that is apparent on the face of the record.

The Supreme Court addresses the age of superannuation and service conditions of Bihar College employees and those in autonomous bodies like NWDA. The analysis demonstrates that a writ of certiorari is only applicable for jurisdictional errors or manifest law, not factual errors. The High Court’s order is critiqued for its use of certiorari and its implications

..decided by the Supreme Court of India on16.08.2023.