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Supreme Court of India 2020-05-28 dismissed

Gopal Prasad vs Bihar School Examination Board & Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Gopal Prasad challenged his superannuation on the ground that there was no express minimum age requirement for entry into government service in the applicable service rules. The Supreme Court held that while statutory service rules may not explicitly prescribe a minimum entry age, the principle that only a person of majority age can validly contract for government employment is implicit. The Court also reaffirmed that explicit service rules regarding superannuation at 42 years of service or 60 years of age cannot be overridden by administrative orders or circulars. The appeal was dismissed, upholding mandatory superannuation under the governing scheme of rules.

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Administrative Law Service Law Superannuation Government Employment Right to Information

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