In Brief
The Kerala Assistant Public Prosecutors Association sought parity with Public Prosecutors regarding retirement age, claiming both perform similar duties. The Association argued that Assistant Public Prosecutors appointed before 31 March 2013 should have a retirement age of 60 years instead of 56. The Supreme Court dismissed the appeal, holding that although both positions have similar functions, they differ fundamentally in method of appointment and service conditions. Public Prosecutors are appointed from an advocate panel for fixed 3-year terms without government employee benefits, while Assistant Public Prosecutors are civil servants appointed through competitive examination with full statutory pension rights. The Court found no infirmity in the High Court's reasoning and held that service conditions are a matter of government policy, while inviting the Association to make representations to the State Government.
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