In a landmark judgment delivered today, the Supreme Court of India ruled that prescribing different retirement ages for employees based on the nature of their disabilities constitutes unconstitutional discrimination under Article 14 of the Constitution. The Court granted relief to a locomotor-disabled electrician who was compelled to retire at 58, while visually impaired employees were permitted to serve until 60 years under a 2013 state policy.

The bench, comprising Justices Manoj Misra and KV Viswanathan, emphasized that such distinctions between differently-abled employees are arbitrary. They reinforced the principle of equal treatment under disability laws, mandating uniform retirement benefits for all benchmark disabilities. The appellant, a 60% locomotor-disabled electrician, had been retired at 58 years by the Himachal Pradesh State Electricity Board. However, visually impaired employees were granted an extension till 60 years under a 2013 state policy (OM 29.03.2013). The appellant challenged this policy as arbitrary discrimination, citing the Persons with Disabilities Act, 1995 (PwD Act) and the Rights of Persons with Disabilities Act, 2016 (RPwD Act). The state later withdrew the policy.

After the dismissal of applications and a writ petition before the State Administrative Tribunal and High Court, the appellant approached the Supreme Court. The Court set aside the impugned decision and underscored that all recognized disabilities under the RPwD Act, 2016 must receive equal treatment regarding retirement age, as they constitute a uniform category for employment-related benefits.

The Court further cited its earlier affirmation of the Punjab & Haryana High Court’s decision in Bhupinder Singh v. State of Punjab (2014), which had unequivocally held that the law mandates parity in service benefits across all disability categories protected under both the PwD Act and RPwD Act.

This ruling marks a significant step towards ensuring equality and non-discrimination for persons with disabilities in employment-related matters.

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