No fundamental right to choose retirement age.

On May 30, 2025, the Supreme Court of India ruled that employees do not have a fundamental right to choose their retirement age. This authority rests with the State, which must exercise it reasonably and in accordance with Article 14 of the Constitution, ensuring equality.

The case involved an electrician with a locomotor disability who was compelled to retire at 58, while visually impaired employees were allowed to serve until 60 under a 2013 Office Memorandum (OM). This OM was withdrawn in 2019, reverting the retirement age to 58. The Court held that while the appellant was entitled to benefits up to the date of the OM’s withdrawal, he could not claim an extension beyond that, as retirement age is determined by state policy, not individual choice.

This decision underscores that while employees may benefit from existing policies, they cannot assert a fundamental right to dictate their retirement age.