Raj Veer Singh vs State Of Tripura And Ors

Petitioner has challenged the action of the respondent-department in retiring him on superannuation upon crossing the age of 57 years. According to the petitioner his retiring age would be 60 years as provided under Tripura State Civil Services (Revised Pension) Rules, 2017 (the Pension Rules, for short).

Brief facts are that the petitioner, an Ex-Army man, was reemployed as a Naib Subedar in the Tripura State Rifles service on 16.10.2002. His date of birth being 01.06.1962, the State Government retired him on superannuation w.e.f. 31.05.2019, taking his retirement age as 57 years in terms of Tripura State Rifles (Discipline, Control, Service Condition etc.) Rules, 2010 (the Tripura State Rifles Rules, for short) as amended by amending Rules of 2012.

Counsel for the petitioner submitted that the Pension Rules of 2017 prescribe the retirement age of all State Government servants of 60 years under Rule 5. These rules having been framed subsequently, would prevail over the Tripura State Rifles Rules, 2010.

The respondents have filed a reply opposing the petition in which it is contended that the service conditions of the employees of Tripura State Rifles being governed by the Tripura State Rifles Rules, 2010 the superannuation age prescribed therein would prevail. The petitioner was, therefore, rightly made to retire upon crossing the age of 57 years.

Having heard learned counsel for the parties, I do not find any merits in the petition. It is undisputed that the Tripura State Rifles Rules, 2010 prescribe age of superannuation under Rule 27. By virtue of amendment in the said rules by amending Rule of 2012 the superannuating age was increased from 55 years to 57 years. The petitioner is governed by the said set of rules. It is true that the Pension Rules of 2017 prescribe 60 years as the age of superannuation to various categories of State Government employees. However, this is general prescription and meant for the Government employees in general. If there are special rules made for a particular stream of service, the same would prevail on the basis of the well known legal principle that the specific prescription would prevail over the general. The reason for lower retiring age for Tripura State Rifles employees can easily be appreciated since the same would require greater agility and fitness. The staff of Tripura State Rifles service cannot compare itself with general employees of the Government where different cadres of predominantly administrative duties would be involved. In any case, the statutory rule is clear and prescribes 57 years as the superannuating age in case of the petitioner.

Petition is, therefore, dismissed.

Pending application(s), if any, also stands disposed of.