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The Kerala Assistant Public Prosecutors Association v. The State of Kerala

Civil Appeal · 2018 INSC 528Decided 17 May 2018
Civil Appeal No. 3792 of 2010
Chief Justice Dipak Misra · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The Kerala Assistant Public Prosecutors Association sought parity with Public Prosecutors on retirement age, arguing their duties were similar but Assistant Public Prosecutors appointed before 31 March 2013 retired at 56 while Public Prosecutors could serve to 60, and even judicial officers in Kerala retired at 60. Both the High Court's Single Judge and Division Bench had rejected this claim, holding that the two posts had fundamentally different modes of appointment and service conditions. The Association appealed to the Supreme Court, also offering, as an alternative, to forgo pension for the extra years if allowed to serve until 60.

Decision Breakdown

The Supreme Court held that similarity in day-to-day duties alone cannot justify treating two posts as equal for service-condition purposes, because Assistant Public Prosecutors are regular government employees selected competitively by the Public Service Commission with full service benefits, whereas Public Prosecutors are appointed for fixed three-year terms from a panel of advocates, are terminable without reason, and receive no government service benefits. It similarly rejected comparison with judicial officers, since their appointment process and conditions are also distinct. The Court also declined to direct the government to accept the Association's offer to forgo pension in exchange for a later retirement age, holding this was a policy matter for the government to decide and that granting it unilaterally would create anomalies for other employees who retire at 56. The appeal was accordingly dismissed, with no order as to costs, while leaving it open for the government to consider the Association's proposal on its own if it wished.

Lesson Learnt

Courts will not grant parity in service conditions (like retirement age) between two posts merely because their day-to-day functions look similar: differences in appointment process, tenure, and employment status matter, and such policy choices are generally left to the government rather than imposed by judicial order.

Official source (sci.gov.in)View Judgment (PDF)

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