APPs Cant Claim Parity With Public Prosecutors Says SC on Kerala Suit

In a petition originating from Kerala  seeking parity between Assistant Public Prosecutors(APP) and Public Prosecutors in matter of retirement age, the Supreme court ruled that they cannot be equaled.

AAPs are government employees entitled to all service benefits. However Public Prosecutors who are appointed from a panel of advocates furnished by the Advocate General and appointed for maximum of three years only.

The mode of appointment and terms of employment are qualitatively different, the bench said

The maximum age for appointment of Public Prosecutors is for a term of 3 years, is 60 years whereas the age of retirement for APPs appointed prior to 31st March 2013 is 56 years.

The Association said APPs appointed before 31st March 2013 and in service were willing to forego the pension for the extra period of service which will accrue from the age of 56 till 60 years without any demur.

The appellants contended that superannuation of Assistant Public Prosecutors who joined the service on or after April 2013 is 60 years.

To this the bench said “The argument though attractive cannot be basis to issue such direction to the State Government. It is a police matter and left to the State Government,” dismissing the plea.

The suit was filed by Assistant Public Prosecutors Association which appealed against the 2008 order of Kerala High Court refusing to grant them parity with Public Prosecutors in the matter of retirement age.


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