JAI RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal, which has come before us on special leave obtained by the plaintiff appellant, is directed against a judgment of a Letter Patent Bench of the High Court of Punjab dated the 10th July 1952, reversing, on appeal, a decision of a single Judge of that Court passed in Second Appeal No. 884 of 1950.

(2.) The suit, out of which the appeal arises, was commenced by the plaintiff, in the Court of the Subordinate Judge at Ambala for a declaration that the order passed by the Government of India, which is the defendant in the suit, retiring the plaintiff from his service was wrongful, void and inoperative and that the plaintiff should be deemed to continue still in the service of the defendant.

(3.) The legality of the Government communication mentioned above has been attacked in the plaint substantially on a two-fold ground. The first ground alleged is, that under Rule. 56(b) (I), Chapter IX of the Fundamental Rules, the age of retirement is not 55 but 60 years. The rule no doubt gives the Government a right to retire a ministerial servant at the age of 55, but that can be done only on the ground of his inefficiency, Consequently, before a servant coming within that category is required to retire at 55, it is incumbent upon the Government to give him an opportunity to say what he has to say against this premature retirement in accordance with the provision of Section 240 (3) of the Government of India Act, 1935 and unless this is done, the order terminating his service cannot be held to be valid.