Kashmiri Lal Sharma vs Himachal Pradesh State Electricity Board Ltd. & Anr.

Held: The said issue stand settled by the decision of this Court in Bhupinder Singh case – The benefit of extension of retirement age as provided under the OM dated 29.03.2013 could not have been confined to visually impaired category – Rather, it should be available to persons suffering from all such benchmark disabilities as are specified in the 1995 Act and the 2016 Act. [Para 16] Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Rights of Persons with Disabilities Act, 2016 – General Clauses Act – s.212 – Whether the benefit of the OM dated 29.03.2013 could be withdrawn as was done by the Office Memorandum dated 04.11.2019: Held: The parties have not brought on record any document to canvass that the retirement age of persons suffering from specified physical disabilities was enhanced by amending the service rules or regulations or statutory provision and therefore, change in service conditions could not have been made by way of office memorandums or executive instructions – In these circumstances, applying the general principles, as enshrined in s.212 of the General Clauses Act, the power to issue would include the power to rescind, this Court is of the view that the OM dated 04.11.2019 was well within the competence of the authority which issued the OM dated 29.03.2013 – Consequently, the OM dated 04.11.2019 cannot be faulted for lack of competence – Otherwise also, an employee has no fundamental right as regards the age at which he would retire – Moreover, termination of service of an employee on account of reaching the age of superannuation in accordance with law or rules regulating the conditions of service does not amount to his removal from service within the meaning of Art. 311(2) of the Constitution of India – This Court is of the view that till the date the said OM dated 29.03.2013 was operative, the appellant was entitled to its benefit as, admittedly, he fell in the category of employee suffering from such disabilities as are specified in the 1995 Act and the 2016 Act. [Paras 18, 21]