KAILASH CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, a clerk in the service of the East Indian Railways was compulsorily retired from service with effect from June 30, 1948, on attaining the age of 55 years. His prayer for further retention in service on the ground that he was entitled to be retained under R. 2046/2 of the Railway Establishment code having been rejected he brought the suit which has given rise to this appeal in the court of the Civil Judge, Lucknow, alleging that he was entitled to be retained under the above rule and the order for compulsory retirement on attaining the age of 55 years was void and inoperative in law. He accordingly prayed for a declaratory decree that the order of his compulsory retirement was illegal and void and for a money decree for arrears of pay on the basis that he had continued in service.

(2.) The main defence was a denial of his right to be retained in service under the rules. The Trial Court accepted the plaintiff's contention as regards the effect of the rule, gave him a declaration as prayed for and also decreed the claim for money in part.

(3.) On appeal the High Court took a different view of R. 2046 and held that that rule gave the plaintiff no right to continue in service beyond the age of 55 years. The High Court therefore allowed the appeal and dismissed the plaintiff's suit. Against this decision the plaintiff has preferred the present appeal on a certificate granted by the High Court under Art. 133 (1) (c) of the Constitution.