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Supreme Court of India 2018-05-17 dismissed

Kerala Assistant Public Prosecutors Association vs State of Kerala and Ors

Bench: 3 — A.M. Khanwilkar

In Brief

The Kerala Assistant Public Prosecutors Association sought parity with Public Prosecutors regarding retirement age (60 years instead of 56 years). The Supreme Court upheld the High Court's rejection, finding that despite similar duties, the employment structures differ fundamentally: Assistant Public Prosecutors are government employees selected through competitive examination with full service benefits; Public Prosecutors are contractual appointments from advocates with no job security. The Court held that similarity of duties alone cannot mandate parity in service conditions when appointment methods and entitlements differ. The matter is a policy issue for the State Government. The appeal was dismissed.

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Criminal Procedure Administrative Law Service Rules Public Prosecutors Retirement Age Pension Scheme

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