Similar mandatory “retirement” exercises were carried out in July 2017, with over 200 older employees being dismissed.

What is the Uttar Pradesh government doing?

Chief secretary Durga Shankar Mishra has asked his chief secretaries, principal secretaries and secretaries to set up committees and begin to identify employees aged 50 or older. Those identified will be dismissed by 15 August.

Why are employees being forced to retire?

The initiative aims to “improve efficiency” although according to its own regulations, no reason is required.

According to Chief secretary Durga Shankar Mishra, “Rule 56 of financial handbook (chapter 2, part 2) provides that the appointing authority at any time can give a three-month notice, without giving any reason, expecting for retirement of any government employee (regular or ad hoc) who has completed the age of 50 years. A government order number 13/48/85-karmik-1 dated October 26, 1985 provides for setting up of screening committees along with guidelines for compulsory retirement.”

When is the cut-off?

Chief Secretary Durga Mishra said that, “…for the purpose of deciding 50 year age, March 31, 2022 will be the cut-off date. This means the government servants, who have completed 50 years’ age on March 31, 2022, will be considered for screening.”

Reaction

Employee organisations have reacted strongly to the news. 

Is this age discrimination?

Age discrimination is not unlawful in India. Employers may decide to identify employees for redundancy by reference to their age.