NDLI: Dr. Prakasan M.p. and Others Vs. State of Kerala and Another

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Service Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration:Three Government orders (G.Os) issued enhancing the retirementage of doctors in medical category, however, were made prospectivein nature. Appellants questioned the decision of the State of notincorporating a clause in the three G.O’s. issued, making theiroperation retrospective, which would have otherwise enured totheir benefit.Kerala Service Rules – r. 60(a) or 60(c) Part-I – The GovernmentOrder dated 14.01.2010 enhanced the retirement age of Doctorsin the Medical category under the Medical Education Servicefrom 55 years to 60 years with retrospective effect from01.05.2009 – Thereafter, three G.Os were issued including G.O.dated 09.04.2012 whereby, the retirement age of the teachingstaff in Homeopathic Medical Colleges was also enhancedfrom 56 years to 60 years – However, all three G.Os wereprospective in nature – Propriety of:Held: The singular difference was that unlike G.O. dated14.01.2010, the subsequent three G.Os issued by the Statewere made prospective, thus denying any relief to the teachingfaculties in the Dental, Ayurvedic and Homeopathic streamswho had superannuated in the meantime – Such a decision liesexclusively within the domain of the Executive – It is for the Stateto take a call as to whether the circumstances demand that adecision be taken to extend the age of superannuation in respectof a set of employees or not – It must be assumed that the Statewould have weighed all the pros and cons before arriving at anydecision to grant extension of age – Appellants herein cannot claima vested right to apply the extended age of retirement to themretrospectively and assume that by virtue of the enhancement inage ordered by the State at a later date, they would be entitled toall the benefits including the monetary benefits flowing from G.O.dated 09.04.2012, on the ground of legitimate expectation – Theidea behind extension of retirement age of doctors was to takecare of the emergency situation caused by shortage of doctors,which was resulting in affecting the studies or patient care – Itwas not merely to grant benefits to a particular class. [Paras 15,17 and 19]Doctrine – Doctrine of Legitimate Expectation – ServiceRegulations:Held: The Doctrine of Legitimate Expectation does not have anyrole to play in matters that are strictly governed by the serviceregulations – This is an exercise that is undertaken by the Statein discharge of its public duties and should not brook undueinterference by the Court. [Para 19]
Judge	Hon'ble Ms. Justice Hima Kohli
Neutral Citation	2023 INSC 772
Petitioner	Dr. Prakasan M.p. And Others
Respondent	State Of Kerala And Another
SCR	[2023] 14 S.C.R. 293
Judgement Date	2023-08-25
Case Number	7580

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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