State employees of Uttar Pradesh, who are awaiting the implementation of the recommendations of the Seventh Pay Commission, have suffered a major setback. In fact, Allahabad High Court has reduced the retirement age of state employees from 60 to 58 years. The High Court canceled the notification issued in 2001 and implemented the old rules. The High Court’s decision has reduced the retirement age of state employees to 58 years. The bench of justices Sudhir Agrawal and Justice Iftikhar Ali Khan rejected the petition of Assistant Architect OP Tiwari of Bhadohi Development Authority.
While issuing the order, the Allahabad High Court said that 2001 notification of the extension of the limit of retirement age of state employees is canceled. In his order, the High Court citing Article 309 of the Constitution said that the Governor can not issue a notification and make changes in any rule. It can only be changed by the legislature. Let us state that on November 28, 2001, the Governor had extended the state’s retirement age by issuing the notification. According to the order of the High Court, Fundamental Rule 56 is the law of the legislature and it can only be changed by bringing the proposal to the assembly. Governors cannot modify this by issuing notification under their powers.
The court said that under the notification of the governor, a retirement age of government employees cannot be increased. It is clear that there is no change in the fundamental Rule 56. Significantly, most of the employees in Uttar Pradesh are getting payable under the recommendations of the 7th Pay Commission. Explain that under Rule 56, every government servant will be entitled to retirement pension and other benefits. Fundamental Rule 56 is the law of the legislature, this change can only be done by bringing proposals in the assembly.
Union Minister Santosh Gangwar wrote a letter to UP’s CM Yogi Adityanath in May 2018. In the letter, he had recommended the UP government to increase the retirement age of its employees from 60 to 62 years.