UNION OF INDIA Vs. K S SUBRAMANIAN

JUDGEMENT

(1.) This appeal by special leave is against a judgment and decree of a Division Bench of the High Court of Kerala.

(2.) Short factual background is this: The respondent was appointed on October 15, 1951 as an ordinary industrial labourer at Naval Base, Cochin. He was promoted as a welder Gr. 11 on September 18, 1956. He was confirmed in that post. He was thus a permanent civilian industrial employee. On October 25, 1968, his services, however, were terminated under Art. 310 of the Constitution. No reason was assigned. He instituted a suit in forma pauperis for declaration that the termination of his service was illegal and void ab initio. On the alternative, he claimed damages or compensation of Rs. 75,000/- for illegal termination. The trial Court awarded him Rs. 25,000/- as damages together with interest at 6 per cent per annum for the illegal termination of his services. That decree was confirmed by the High Court of Kerala. This appeal is directed against that judgment of the High Court. On July A), 1976, a Bench of this Court dismissed the appeal on merits. But upon review, that judgment was set aside and the appeal was ordered to be listed for fresh disposal. So the matter has come up before us.

(3.) There is no dispute on the material facts. There is no challenge that the respondent was a permanent and confirmed civilian worker in the Defence Department. In fact, it is an admitted position between the parties. He had a right to continue till he attained the age of 60 years. Article 459(b) of the Civil Service Regulations provides for that. It reads: