Order extending retirement age challenged
The government order, on extending the service of the government employees and teachers retiring during the course of the final year till the end of the financial year, was challenged before High Court through a writ petition.
According to the petitioners, Kunjachan, Section Officer, General Administrative Department and others, the government order modified the statutory rule prescribed in Part-I Rule 60(a) of the Kerala Service Rules. As per the rule, the date of retirement should take effect from the afternoon of the last day of the month in which a government servant attained the age of 55 years.
Thus, the statutory rule was now sought to be modified by an executive order. The order also stated that effecting promotion and transfer at the beginning of the financial year contributed to efficiency but the existing retirement system stood in the way of such reform. The statutory rules could not be overridden by executive order or practices. According to the petitioners, where the government had decided to amend the rules did not mean that the rules had been modified. Also, the executive order did not have any reason for modifying the rules.
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