A single bench of justice A Guneshwar Sharma of the High Court of Manipur has directed the state government to extend the age of superannuation of a veterinary officer to 62 years.
The veterinary officer, identified as Laishram Saratchandra, approached the HC of Manipur as he is also entitled for enhancement of the age of superannuation from 60 years to 62 years as done in the case of similarly situated veterinary officers. It is also stated that the respondents have acted arbitrarily, unequal treatments and have violated Article 14 & 16 of the Constitution of India.
He was initially appointed as Veterinary Assistant Surgeon (now redesignated as Veterinary Officer Grade-IV) on March 1, 1999 on ad-hoc basis in Manipur Zoological Garden, Iroisemba under the Department of Forest & Environment, government of Manipur and vide order dated November 24, 2011 issued by the Principal Secretary (For. & Envt.), government of Manipur, his service was regularized.
In 2018, by Manipur gazette notification and in pursuance of the cabinet decision taken on July 30, 2018, the Governor of Manipur enhanced the age of superannuation of the Officers of Manipur Veterinary and Animal Husbandry Service (MV & AHS) from 60 years to 62 years. Vide another notification dated February 12, 2020 issued in pursuance of the Cabinet Decision taken on January 24, 2020 and U.O. dated February 11, 2020 allotted by the Department of Personnel, Government of Manipur, the age of the superannuation was enhanced from 60 years to 62 years in respect of six Medical Officers and six Veterinary Officers working under Six Autonomous District Councils, Manipur w.e.f. January 24, 2020.
However, Laishram Saratchandra was left out and his date of superannuation was not extended from 60 years to 62 years.
The HC, after hearing submission from counsels, opined that the stands of the state government and other concern authorities that the benefit of enhancement of age of superannuation from 60 to 62 years will be applicable to the such veterinary officers under Manipur Veterinary & Animal Husbandry Service is without any substance, as the Medical Officers and Veterinary Officers working in the ADCs are also given the same benefit of extended age of retirement from service. Further, the exclusion of the case of L Saratchandra, a veterinary officer working in the Manipur Zoological Garden, is without any valid reason, the HC said.
Absence of Cabinet decision does not satisfy the twin test and the same cannot be presumed to be an intelligible differentia with regard to the object of classification, stated the HC.
Hence, the High Court held that the age of superannuation of the veterinary officer shall stand extended to 62 years.
