No Fundamental Right Over Retirement Age: Supreme Court Clarifies in Disability Case

The Supreme Court ruled that employees do not have a fundamental right to retire at a specific age, and that retirement upon reaching the prescribed age (superannuation) does not constitute "removal from service" under Article 311(2).

The case involved Kashmiri Lal Sharma, a 60% locomotor-disabled electrician, who challenged his 2018 retirement at 58, citing a 2013 Office Memorandum (OM) that extended retirement age to 60 for certain disabled employees. However, the Court said a 2019 order cancelling the 2013 order was valid.

Considering the circumstances and previous ruling, the Court granted Sharma service and salary benefits until November 4, 2019.