ISSUE:
Whether a government servant has a right to be continued in service beyond the age of superannuation, even if they are efficient and physically fit for work?
Whether selective retention of some government servants after retirement age amounts to discrimination?
RULE:
Executive instructions, unlike statutory rules, do not confer any legal rights and cannot form the basis for legal action.
Government has discretionary power to retain or retire public servants after superannuation age based on their efficiency and public service requirements.
Retention of some efficient employees beyond retirement age while retiring others does not constitute discrimination if based on valid assessment of their performance.
However, this discretion cannot be exercised arbitrarily or in bad faith.