Telangana HC dismisses writ appeal on home guards’ retirement age

17 petitioners challenged the action of the State Home Department in retiring them as home guards on attaining 60 years of age without providing any retirement benefits

Hyderabad: A two-judge panel comprising Chief Justice Hima Kohli and Justice B Vijaysen Reddy of Telangana High court on Monday dismissed a writ appeal on the question of retirement age of home guards. The panel confirmed the orders of the single judge.

D Anthoniamma and 16 others challenged the action of the State Home Department in retiring the petitioners as home guards on attaining 60 years of age without providing any retirement benefits like payment of provident fund and gratuity as available to other government employees, and sought to continue the petitioners as home guards in Police Department without there being any age of superannuation and as long as the petitioners are mentally and physically fit to discharge their duties.

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Single judge of the High Court had earlier dismissed the writ petition holding that Telangana Home Guards Act specifically states that the home guards should be continued as per the prescription made in the said Act and that they are not entitled to be continued beyond the age of 60 years.

Petitioners told to file rejoinder

The panel enlarged time for petitioners to file further pleadings in a writ plea dealing with the question of age prescription for appointment of civil judges. Time was granted to petitioners M Priyatham Reddy and others for filing rejoinder in a writ petition.

The petitioners questioned the age prescription as being arbitrary and illegal. According to the notification, the age was frozen to July 1 of the year in which the notification was issued for selection to the post of civil judge. The petitioners contended that the actual date should be relatable to the date of notification and not first of July without considering the date of the notification.

The petitioners also sought a declaration that the candidates who are within the age qualification as on day 1 of the month in which the notification for recruitment to the post of civil judges is issued are eligible and entitled to participate in the selection process. The matter will be heard further on September 28.

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