Petitioners’ Appeal for Superannuation Age Denied; Recommendations Labeled Non-Binding
In a significant ruling, the Jharkhand High Court has dismissed petitions seeking an extension of contractual employment tenure for members of the Special Auxiliary Police Force (SAP) beyond the stipulated seven years. The petitions, led by Francis Kujur and others, challenged the removal from service upon completing their tenure and sought a directive to continue their employment until superannuation age, arguing that the scheme lacks a defined age of retirement.
Justice Ananda Sen, presiding over the case, clarified that the original scheme, established in 2008, and amended in 2016, explicitly delineates a contractual tenure of two years, extendable up to five years, summing up to a total of seven years. The court asserted that recommendations from individual officers or intra-departmental correspondence regarding superannuation age do not possess legal authority to amend the government-approved scheme.
Representatives for the petitioners contended that, as ex-servicemen appointed under a scheme without a defined superannuation age, they should be entitled to continue work until the age of 62, akin to regular government employees. They argued that recommendations favoring an extended tenure should be recognized, especially when certain members have reportedly served beyond the stipulated tenure.
However, the court emphasized that such recommendations are merely suggestions and lack formal approval, thereby holding no legal weight to alter the scheme. Justice Sen underscored that any deviation from the established tenure must be formally incorporated through government-sanctioned amendments, not through informal recommendations.
The petitioners further alleged discrimination, citing instances where other ex-servicemen were permitted extended tenure. The court dismissed these claims, reiterating that Article 14 of the Constitution does not support perpetuating illegality or irregularity, and negative equality cannot be invoked to extend benefits derived from wrongful actions.
The judgment reaffirms the temporary nature of SAP employment, designed to provide a rotating workforce, and upholds the rationale behind maintaining a fixed tenure, rather than an age-based superannuation, to continuously rejuvenate the force with relatively younger personnel.
This decision serves as a reminder of the strict adherence required to contractual terms and the non-binding nature of intra-departmental recommendations unless formally enacted by legislative or governmental amendments.
Bottom Line:
Special Auxiliary Police Force (SAP) - Contractual employment tenure fixed under a scheme cannot be extended based on recommendatory letters; no legal right can be claimed on the basis of intra-departmental recommendations or illegal actions.
Statutory provision(s): Article 14 of the Constitution, Special Auxiliary Police Force Scheme (2008, amended 2016)
Francis Kujur v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2823466
