STATE OF RAJASTHAN Vs. SHIV LAHARI SHARMA

JUDGEMENT

(1.) Special leave granted.

(2.) Heard learned counsel for the appellant. The respondent appeared in person and made his submissions.

(3.) Shri Shiv Lahari Sharma, the respondent herein, joined as Plant Protection Supervisor in the Agricultural Department of the State of Rajasthan on July 18, 1950. He was appointed in a temporary capacity for a period of three months but he continued on the said post till November 4, 1950 when he was appointed on the post of Food Assistant in the said department after being duly selected by the Public Service Commission. On August 31, 1961, he was selected for appointment to the Rajasthan Administrative Service and while he was thus serving, the State Government, by order dated October 22, 1975, compulsorily retired him from service. The said order of compulsory retirement was passed under sub-rule (2) of R. 244 of Rajasthan Service Rules (hereinafter referred to as 'the Rules') on the basis that the respondent had completed 20 years' qualifying service. At that time, the said rule provided for compulsory retirement of a Government servant on his attaining the age of 50 years or on his completion of 20 years' qualifying service. Subsequently, the rule was amended and instead of 20 years' qualifying service, the requirement of 25 years' qualifying service was substituted. On March 24, 1977, the Government of Rajasthan issued a circular providing for reconsideration of orders of premature retirement passed under R. 244(2). By another order dated April 22, 1977, it was directed that the Government had decided that those Government servants who had been retired on completion of 20 years'qualifying service or more but less than 25 years' qualifying service and had not attained the age of 50 years at the time of their retirement under R. 244(2) shall be taken back in Government service and such orders of retirement issued by authorities competent to retire such Government servants under sub-rule (2) of R. 244 shall be revoked.