RAM PARSHAD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal, on certificate granted by the High Court of Punjab, arises out of a suit filed by one Ram Prasad, against the State of Punjab, for a declaration that the order of compulsory retirement passed by the latter against him was invalid.

(2.) Ram Prasad originally entered service as a Clerk, in the year 1924, in the Patiala Saddar Treasury in what was then the Patiala State. He was subsequently transferred in the same capacity to the Patiala State Bank on February 27, 1984 Bk. and was confirmed in his appointment. On September 1, 1985 Bk., he was promoted to the next higher grade on the establishment of the Patiala State Bank. Thereafter, he was promoted as Manager and posted to the Bhatinda Branch of the Bank on April 1, 1944. On April 1, 1949 he was promoted as Selection Grade Manager by the Board of Directors of the Bank in the grade of Rs. 340-20-500-525-700. On September 23, 1953 he was compulsorily retired from service but was subsequently reinstated by the Government on June 10, 1954 since the order was legally defective. On June 11, 1958 the Board passed an order compulsorily retiring him from service.

(3.) Ram Prasad challenged the order of compulsory retirement passed by the Board on various grounds, by means of a suit instituted in the Court of the Subordinate Judge, Patiala. He pleaded that the order of compulsory retirement amounted to 'dismissal or removal' from service within the meaning of Art. 311 of the Constitution. He further maintained that R. 27 of the Bank of Patiala (Staff) Rules, 1954, hereinafter termed the Staff rules, under which the order of compulsory retirement was made, was illegal and void. The order was also challenged on the ground that it was mala fide. The substantial relief claimed by him in the suit was a declaration that R. 27 of the Staff Rules was wholly unconstitutional, null and void for the reasons stated by him.