Home guard volunteer discharged at 58 years, HC issues notice to Chandigarh Admin

The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration, over a petition filed by a Home Guard volunteer who has sought the quashing of an order that said that he was to be discharged from the rolls of Chandigarh Home Guards Organization on attaining the age of 58 years.

The petitioner, Amrik Singh, through his counsel, Divya Sharma contended that in October 2002, he enrolled as a Home Guard volunteer with Chandigarh, after serving in the Army for more than 17 years.

On March 22 this year, the SHO of PS-11, Chandigarh, recommended that Amrik be granted an extension in service for a period of 2 years after he attained the age of 58 years in May.

Amrik’s counsel contended that on March 29, the Chandigarh Employees (Conditions of Service) Rules, 2022, were notified and ‘Central Rules’ were made applicable to Chandigarh instead of ‘Punjab Rules’, which were earlier in force. The age of retirement is 58 years under Punjab rules, whereas under the new ‘Central Rules’, the age of retirement was 60 years.
On May 6, the petitioner attained the age of 58 years, and vide a order, he was discharged from the rolls of Chandigarh Home Guards Organisation.

The counsel for Amrik argued that the order to discharge her client had been passed in complete disregard of the new Rules, which is Union Territory of Chandigarh Employees (Conditions of Service) Rules, 2022, that was notified on March 29 and the petitioner should have been allowed to continue till the age of 60 years.

After hearing the matter, the Bench of Justice Rajbir Sehrawat issued a notice to the Chandigarh Administration and set August 31 as the next date of hearing.

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