Mandamus order to include compulsory retirement provision

Kathmandu, Oct 28: The Supreme Court has issued a mandamus order to include compulsory retirement provisions in the Armed Police Force Act within this financial year. 

The joint bench of Justices Sapana Pradhan Malla and Til Prasad Shrestha has made public the full text of the order passed on September 26.

The full text of the judgment states stated despite directive orders from this court on this matter the basic provision including compulsory retirement has not yet been included in the law, so the related provisions should be included in the law within this financial year. 

The court issued the order while hearing the writ petition filed by Deputy Inspector General of Armed Police Abhi Kumar Khatri, Durga Prasad Bhattarai and others.

In the writ petition it was pointed out that there is a provision for retirement after completing 30 years of service under Rule 65 of the Armed Police Regulations 2072 BS but the provision for retirement based on the length of service is not included in the Armed Police Regulations 2060.

There can be no dispute that the right to determine such policy rests with the legislature or the executive and the provision in rule 65(1) (a) of the Armed Police Regulations 2072 raised by the petitioner was drafted using the authority given by Section 36 of the Armed Police Act, 2058 BS, reads the judgement. (RSS)