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Service & Administrative LawSupreme Court of India

Kashmiri Lal Sharma v. Himachal Pradesh State Electricity Board Ltd.

Civil Appeal · 2025 INSC 472Decided 3 Apr 2025
C.A. No.-004761-004762 - 2025
Justice Manoj Misra · Justice K.V. Viswanathan

Background

The appellant, an electrician with a 60% locomotor disability, was due to retire at 58. A government office memorandum (OM) had extended the retirement age to 60 for visually impaired employees only. He argued this benefit should extend to other disabled categories too, but was retired at 58 anyway, and the OM was later withdrawn entirely before his case was finally decided by the High Court, which ruled against him.

Decision Breakdown

The Supreme Court held, relying on its own earlier ruling in a similar case (State of Punjab v. Bhupinder Singh), that confining the retirement-age extension to only visually impaired employees was discriminatory: the benefit should extend to all disability categories recognised under the disability rights statutes. However, the Court also held that the government was free to withdraw the OM altogether, since no employee has a fundamental right to a particular retirement age, and the withdrawal was validly made before any court had actually granted the appellant the benefit. The appeals were partly allowed: the appellant was held entitled to continue in service (and get back wages/benefits) only up to the date the OM was withdrawn, not all the way to age 60.

Lesson Learnt

A government benefit granted to one category of disabled employees generally cannot be denied to other similarly-placed disabled categories, but such policy benefits are not a permanent entitlement and can be validly withdrawn by the same authority that created them.

Kashmiri Lal Sharma v. Himachal Pradesh State Electricity Board Ltd. – Legal Case Shots | LegalAware