N M LINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Legality of an order of premature retirement made under Note 1 to Rule 285 of the Karnataka Civil Service Rules by the State Government is challenged by an Ex-Regional Deputy Director of Animal Husbandry and Veterinary Services of the State Government, in this writ petition.

(2.) During the year 1975 the petitioner was worthing as Regional Deputy Director of Animal Husbandry. His date of birth is 6-8-1923. In accordance with the normal Rules of retirement under Rule 95 of the Karnataka Civil Services Rules (hereinafter referred to as the 'Rules') the petitioner was due to retire on 31st August 1978 after attaining the age of 55 years, on 6-8-1978. Note 1 to Rule 285 of the Rules empowers the State Government to retire a civil servant prematurely if in its opinion such premature retirement in the case of the concerned civil servant is considered necessary in public interest. By notification dated 22nd October 1975 issued under Note 1 to Rule 285 of the Rules, the petitioner was prematurely retired from service.

(3.) Sri B. M. Chandrashekharaiah, learned counsel appearing for ' the petitioner, urged the following contentions in support of the prayer made in the petition:-