Retirement age of judicial staff can’t be enhanced to 62: Andhra HC

VIJAYAWADA: The Andhra Pradesh High Court on Friday made it clear that retirement age of judicial officials cannot be extended to 62 years from the existing 60. Hearing a petition filed by K Sudha Rani, retired additional judge of Vizianagaram district court, seeking extension of the retirement age to 62 years, in tune with State government’s decision to enhance government employees retirement age from 60 to 62 years, a division bench comprising Chief Justice Prashant Kumar Mishra and Justice DVSS Somayajulu, said as the constitutional provisions do not allow the retirement age of judicial officials to be on par with the retirement age of High Court judges, which is 62 years, extension of retirement age of judicial officials is not possible.

The bench also cited the judgement of the Supreme Court in the All India Judges Association case, which maintained that differences in the retirement age of High Court judges and other judicial officials was rational. It further observed that even the Full Bench (Presence of all judges in the court, has no powers to take a decision on the subject and it will be contempt of the Supreme Court orders. It also pointed out that no amendment was carried out to Section 3 (1A) of the AP Public Employment Act with regard to retirement age of judicial officials and the retirement age continues to be 60 years only.