C D AILAWADI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Art. 32 of the Constitution, petitioner assails the order dated 5th September, 1975, of his compulsory retirement from service with effect from 5th of December, 1975, made under S. S. 51(j)(i) of the Fundamental Rules. The impugned order ran thus:

(2.) The petitioner has pleaded that he was efficient and had risen from the rank of a Clerk to the post of Audit Officer in which he was confirmed with effect from 8-12-1968. According to him, he had clear and unblemished record of service. He had held independent charge of the senior post of Deputy Director of Audit and had been paid an additional amount of Rs. 100/ - per month for the period. He also alleged that his character roll entries were excellent. According to him, it was the obligation of the appropriate authority to review the petitioner's case six months before he attained the age of 50 or completed thirty years of service. Since no such review had been made on the basis of review petitioner had not been retired, he was entitled to continue up to the age of 58, which is the normal age of retirement. According to him, all cases of premature compulsory retirement made during the emergency were reviewed in terms of the Government circular of 10th of August, 1978, but the representations made by the petitioner for the benefit of review in terms of the said circular were not heeded to and the petitioner was, therefore, obliged to file the present petition.

(3.) In the return to the rule nisi by the Director of Audit, Defence Services, it has been contended that the order of retirement was made in public interest after review of the petitioner's case. It has been stated in the said affidavit: