UNION OF INDIA Vs. NASIRMIYA AHMADMIYA CHAUHAN

JUDGEMENT

(1.) N. A. Chauhan, respondent in the appeal herein, was working as a Postmaster in the service of the Union of India. On attaining the age of 55 years, he was served with a notice dated 23/4/1990 directing his premature retirement from service after the expiry of the notice period. Pursuant to the said notice he was retired from service by the order dated 26/7/1990. The respondent challenged the order of retirement before the central Administrative tribunal,ahmedabad bench. The tribunal allowed the application and set aside the order of retirement. This appeal by way of special leave is against the judgment dated 23/10/1992 of the central Administrative tribunal, Ahmedabad bench.

(2.) The order of retirement was challenged before the tribunal on several grounds. The tribunal, however, quashed the order of retirement on the short ground that the instructions dated 5/1/1978 issued by the Ministry of Home Affairs providing time-schedule for reviewing the cases of the government servants for premature retirement were not complied with in the case of the respondent. The tribunal proceeded on the following reasoning :

(3.) We have heard learned counsel for the parties. This court has authoritatively laid down in various judgments that the power under Fundamental Rule 56 (/) can be exercised by the appropriate authority at any time in public interest after the government servant has attained the relevant age or has completed the period of service as provided under the Fundamental Rules. The appropriate authority has to form the opinion that it is in the public interest to retire a person under Fundamental Rule 56 (j) on the basis of the service record of the person concerned. There is no other bar for the exercise of the power under the said Fundamental Rule by the prescribed authority. government instructions relied upon by the tribunal are only the guidelines laid down by the central government for its functioning. A government servant cannot be heard to say that though the order of retirement is justified on the basis of his service record but since there is violation of some government instructions the order is liable to be quashed. The tribunal was wholly unjustified in holding that prejudice was caused to the respondent in the sense that he could legitimately believe that under the instructions his case would not be reviewed after the lapse of certain period. The action under Fundamental Rule 56 (/') against a government servant is dependent on his service record earned by him till he reaches the age or completes the service provided under the said rule. If the record is adverse then he cannot take shelter behind the executive instructions and must be "chopped off as and when he catches the eye of the prescribed authority.