STATE OF ANDHRA PRADESH Vs. T K SESHADRI

JUDGEMENT

(1.) The present appeal is from a judgment and order of the High Court of andhra Pradesh dated 14-10-1982 setting aside the order of compulsory retirement of the respondent.

(2.) The first respondent, at the material time, was holding the post of temporary District Munsif in the Andhra Pradesh Judicial Service. He held a substantive post in the High Court Service. He had been working as temporary District Munsif since December 1967. By an order dated 4-10-1975, he was compulsorily retired in public interest on the recommendation of the High Court by an order of the Governor under Article 310 (1) of the constitution of India. The High Court has set aside this order by applying a decision of this Court in Union of India v. K. R. Tahiliani. The High Court also held that payment of three months' salary in lieu of notice was a condition precedent to valid compulsory retirement and since the payment which was made inadvertently fell short of Rs 354, the order was bad.

(3.) In view of the High Court's order, the first respondent was reinstated on 25-1-1983. On 26-2-1983, he retired on super-annuation. Leave was granted by this Court on 3-2-1984 in view of the question of law involved.