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Himachal HC quashes retirement orders, directs govt to consider Professor's service extension to 68 years

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Shimla (Himachal Pradesh) | August 12, 2025 5:15:37 PM IST
The Himachal Pradesh High Court has set aside multiple government orders retiring Susheela Rana, Professor and Head of the Department of Anatomy at Lal Bahadur Shastri Government Medical College (SLBSGMC), Ner Chowk, and directed the State to consider her case for extension of service up to the age of 68 years, as granted to other similarly placed faculty members.

Justice Sandeep Sharma, delivering the judgment in CWP No. 1743 of 2022, quashed the State's orders dated February 17, 2022, February 28, 2022, and March 6, 2025, terming them discriminatory and contrary to policy decisions issued in December 2021 and December 2023, which allow medical college professors to serve up to 68 years on a case-to-case basis.

The Court observed that Dr. Rana was first deputed from Indira Gandhi Medical College and Hospital (IGMC), Shimla, to SLBSGMC Ner Chowk in 2017 with assurances of promotion and service till 65 years. She was later absorbed as a regular faculty member and promoted to Professor. However, despite policy amendments enhancing the retirement age to 68 years, she was compulsorily retired at 62 years in 2022, and again at 65 years in 2025 during the pendency of her petition, without the Court's leave.

Justice Sharma criticised the State's conduct, stating that it appeared to be a deliberate attempt to block her from availing the 68-year benefit, especially when other professors with similar service profiles had been granted the extension. The Court also noted a severe shortage of medical faculty in Himachal Pradesh, with vacant posts attracting penalties from the National Medical Commission, making the denial of extension "illogical and unjustified."

The judgment underscores that while extension is not a matter of right, it must be granted fairly and without discrimination. Since Dr. Rana remained in service until March 2025, she was entitled to the benefit of the amended policies.

The Court ordered that Dr. Rana be deemed in continuous service and directed the government to take a fresh decision on extending her tenure to 68 years, as was done for others in similar positions. (ANI)

 
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