Freedom fighters’ retiring age in public service stays at 60
SC scraps HC order, saying it exceeded jurisdiction
The Supreme Court in the full text of its verdict in a case filed over retirement age of freedom fighters has ruled that retirement age of freedom fighters, who have been serving the republic, is 60 years as per relevant law.
The Appellate Division of the SC released the full text last week.
It also scrapped a High Court judgement that had directed the government to enhance the retiring age of some freedom fighters to 61 as per their writ petition.
A seven-member SC bench led by Chief Justice Syed Mahmud Hossain announced a short verdict on November 18 last year on an appeal filed by the government, challenging the HC verdict delivered on November 28, 2017.
In the full text, the apex court said earlier, retirement age of public servants was till completion of their service up to the age of 57. Thereafter, by amending the law, retirement age of freedom fighters in public service was increased to 59.
When age limit of all public servants was enhanced up to 59 years upon amending the relevant law, retiring age of freedom fighters was increased to 60, it added.
“Here, in this case, it appears from the operative portion of the impugned judgment that the High Court Division directed the writ respondents to enhance the retiring age of the petitioners till completion of their service till 61st year of their age. Such enhancement can only be done by the legislature by amending the relevant law,” it mentioned.
It said the HC, indirectly, directed the legislature to amend relevant law although it cannot do so.
“The High Court Division cannot assume the authority, by which, it can increase the retiring age of public servants. Similarly, in exercising the jurisdiction under article 102 of the constitution the High Court Division cannot direct the legislature to enact or amend particular law,” the SC said.
“The legislature is supreme in its own sphere under the constitution and it is solely for the legislature to consider as to when and in respect of what subject matter, the laws are to be enacted.”
The High Court Division exceeded its jurisdiction, assuming the power of legislature, thereby, extending retiring age limit of freedom fighters -- serving in the service of the republic. “It cannot usurp the functions assigned to the legislature or executive to exercise their constitutional power in any manner,” the SC said in the full text of the verdict.