New Delhi, May 30, 2025 

In a ruling that reinforces the principles of equality and non-discrimination, the Supreme Court of India has held that retirement age extensions granted to individuals with one category of disability cannot be withheld from those with other recognized disabilities.

The bench comprising Justices Manoj Misra and K.V. Viswanathan made the observation while hearing a case involving a government employee with a locomotor disability. The petitioner had challenged the decision of a state authority that permitted visually impaired employees to retire at 60 years of age, while restricting others, including him, to retire at 58.

The Court found the distinction arbitrary and unjustified, ruling that once the state recognizes a retirement benefit for a section of disabled employees, it cannot lawfully exclude others who fall under the ambit of the Rights of Persons with Disabilities Act, 2016.

“It is impermissible in law to discriminate between different types of disabilities when the statute recognizes them equally,” the Court remarked, emphasizing that selective policy implementation violates Article 14 of the Constitution, which guarantees equality before the law.
The judgment clarifies that all 21 categories of disability listed under the RPwD Act must be treated uniformly for employment benefits unless a compelling and reasonable classification is provided. No such justification was offered in this case.

The Court directed the concerned authorities to revise their retirement policies accordingly and ensure parity in service conditions for all employees with disabilities recognized under the Act.

This decision is likely to have a broad impact on public sector employment policies across states and may prompt revisions in service rules to comply with the ruling.