STATE OF RAJASTHAN Vs. RAJENDER SINGH

JUDGEMENT

(1.) This is an appeal by the State of Rajasthan from an Order passed by the High Court of Rajasthan in Civil Writ Petition No. 162 of 1966. By this order the High Court quashed the Order of the State Government dated August 27, 1965 directing the compulsory retirement of the respondent from service with effect from December 2. 1965 on completion of 25 years qualifying service under Rule 244(2) of the Rajasthan Service Rules, 1951.

(2.) The respondent had been appointed as a Constable in the State of Ajmer on the 8th November, 1939 in the Force then known as His Excellency the Crown Representative's Police. On the 1st January, 1947 he was promoted as a Head Constable in that Force. After Independence the Police Force was designated as Central Reserve Police. By an Order dated December 25, 1951 the respondent was promoted to the rank of Sub-Inspector and was transferred to the Government Railway Police, Ajmer and continued in the said post upto March 16, 1953. Thereafter he was selected for training to the then Ajmer Armed Constabulary which was raised on lines of the Central Reserve Police but he continued to hold his substantive post of Sub-Inspector in the Ajmer Armed Constabulary Force.

(3.) It is contended on behalf of the State that the High Court should have held that Rule 244 (2) of the Rajasthan Civil Service Rules, 1957 applied to the respondent and, in any case, even under the Central Civil Service Regulations the State Government was entitled to retire him compulsorily on the date aforesaid,