HP High Court rules in favour of Medical Professor, orders review of service extension to 68 years

Shimla, Aug 12,

The Himachal Pradesh High Court has quashed the state government’s orders retiring Dr. Susheela Rana, Professor and Head of Anatomy at Lal Bahadur Shastri Government Medical College, Ner Chowk, and directed the authorities to consider her extension in service up to the age of 68 years.

Justice Sandeep Sharma observed that once work was available and persons similarly placed were allowed to serve till 68, there was no reason to deny the same benefit to Dr. Rana, who has an unblemished service record. The court noted that during the pendency of her plea, the state “purposely” retired her at 65 without seeking the court’s permission, despite policies dated December 17, 2021, and December 13, 2023, permitting such extensions for faculty members.

Terming the respondents’ conduct “not up to mark from day one,” Justice Sharma remarked that a welfare State is expected to act impartially, but the authorities appeared “very touchy” about Dr. Rana approaching the court for her rightful claim. The court deemed her to be in continuous service and directed the state to decide on her extension in parity with others who have been granted similar benefits.

Backgound of matter

Dr. Susheela Rana, who was serving as Professor and Head of Anatomy at Lal Bahadur Shastri Government Medical College, Ner Chowk, was initially deputed from IGMC Shimla in 2017 under a state policy offering incentives such as promotion and higher retirement age to attract faculty to newly opened medical colleges. She opted to be absorbed in the Ner Chowk college and was promoted to Professor. While policies notified in June 2020, December 2021, and December 2023 provided for extension in service for faculty members up to the age of 68 years, Dr. Rana was ordered to retire at 62 in February 2022. The High Court stayed this order, allowing her to work until March 2025, when the state again retired her at 65 without the court’s leave, prompting her to challenge the decision and seek parity with colleagues who had been granted extensions up to 68 years.