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N.K.Assumi (Advocate)     04 November 2009

Nagaland Retirement form Public Employment Act 2009.

The Nagaland Retirement from Public Employment (Second Amendment) Act 2009, passed by the nagaland legislative Assembly under Artyicle 246 read with List II of entry 41 which has lead to so much litigation culminating in SLP in the Supreme Court. The main issue is section 3 clause 1 which says: a person in public employment shall hold office for a term of 35 years from the date of joining employment or until he attains th age of 60 years. Some employees are aggrieved by the said act as according to them the determaining factors should be either 60 years or only the length of service as 35 years and not both. Although the matter is now pending in the Supreme Court, I would apperciate if LCI Members can give views and opinions in this matters. Is the Act of the Nagaland Legislative Assembly unreasonable or Reasonable?



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 3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     04 November 2009

There is no unreasonablness in the amendment made in the Act becuase there is only the difference of words  but the intrepretation is the same.

N.K.Assumi (Advocate)     04 November 2009

Thank you Raj, Lets wait for more feed back from other members with reference to their own state. Should state employees allowed to be in service for more thsn 35 years of service or  60 years of age which ever is earlier? what about the superanuation in rest of the sate in India? Do we require all India Service Jurisprudence like Indian Administrative Service? Should we amend List II entry 41 suiatbly on all India basis?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     05 November 2009

Almost in all states (except few) the age of the retirement is 58 years wherein the central Govt. service it is fixed at 60 years as per recommendation of 6th pay commission report so for uniformity we must have to change our constitution and this being a state subject List II entry 41 shall also require suitable amendments.


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