A L AHUJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner of this application under Art. 32 of the Constitution is an engineer who was employed in the Central Public Works Department under the Ministry of Works and Housing in Government of India and was compulsorily retired by order dated 3-8-1976 with effect from 5-11-1976 made under Rule 56(j) of the Fundamental Rules. He has assailed that order for retirement and has claimed payment of remuneration which he would have been entitled to draw up to the normal date of superannuation.

(2.) The short facts are these. The petitioner was born on 10-2-1922 and secured his first appointment as a Section Officer-under the named employer on 22-10-1947. He was promoted as officiating Assistant Engineer in Class II service with effect from 25-5-1954. and came to be confirmed as Section Officer by an order dated 8-10-1955. On 3-7-1961, he was further promoted as officiating Executive Engineer in Class I service but on 4-9-1965. he was reverted to the post of Assistant Engineer in officiating position and was continuing in that post when he was compulsorily retired.

(3.) The vires of Rule 56(j) of the Fundamental Rules as also the power to compulsorily retire a public servant have been upheld by this Court and do not require to be re-examined. The basis of attack to the impugned order is as specified in Ground No. A and is to the following effect: