Mukut Das v. Assam Power Generation Corporation Ltd. 2025 INSC 1403 - Service Law
You can read our notes on this judgment in our Supreme Court Daily Digests. If you are our subscriber, you should get it in our Whatsapp CaseCiter Community at about 9pm on every working day. If you are not our subscriber yet, you can register by clicking here:
Assam State Electricity Board and its Successor Companies Revised Pay Rules, 2017 - Fundamental Rule 56(a) - The FR does not provide for such extension to be merely for the purpose of pay and allowances nor can there be a deemed legal termination of employer-employee relationship be found on the date of attaining the age of 60 years. The rule of superannuation is clear and unambiguous that any person who attained the age of superannuation in a month will retire only on the last day of that month.
Case Info
Key Details
- Case name: Mukut Das v. Assam Power Generation Corporation Ltd. & Ors.
- Neutral citation: 2025 INSC 1403
- Coram: Ahsanuddin Amanullah, J.; K. Vinod Chandran, J.
- Judgment date: December 04, 2025
- Appeal numbers: Civil Appeal No.14559 of 2025; Civil Appeal No.14560 of 2025
Caselaws and Citations
- K. J. George and Ors. v. Chief General Manager, Telecom, BSNL & Anr. — (2008) 14 SCC 699
- Union of India and Ors. v. G.C. Yadav — 2018 SCC OnLine Del 12191; SLP (C) No.33558 of 2018 dismissed on 24.05.2024
- S. Benerjee v. Union of India and Others — 1989 Supp 2 SCC 486
Statutes / Laws Referred
- Fundamental Rule 56(a) — retirement on the afternoon of the last day of the month in which 60 years is attained; proviso for those born on the first of a month.
- Central Civil Services (Pension) Rules, 1972, Rule 5(2) — retirement day treated as last working day.
- Assam State Electricity Board and its Successor Companies Revised Pay Rules, 2017 — Application clause for employees in service on 31.03.2016 or appointed on/after 01.04.2016; Rule 32 fitment/revision provisions for pensioners/family pensioners.
