P T KUMARASWAMY Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner Shri P. L. Kumaraswamy is a Judicial Officer in the service of the State ot Mysore, now working as Principal Civil Judge, Bangalore. He has prayed for a declaration that order No.GAD 51 SHC 72 dt.5-8-1972 (Ext D), order No.GAD 51 SHC 72 dt-24-3-1972 (Ext.H; made by the State Government and the rules framed by the Governor under Notification No.FD 193 SRS 72 dt.23-8-1972 are illegal, ultra vires, void and unenforceable and for a further declaration -that the continuance of respondent 3 Shri B. N. Ja>adevappa, respondent 4 Shri N. Rajashekharaswamy and respondent 5 Shri R. B. Kulkarni in the Judicial service of the State is illegal.

(2.) The age of retirement of judicial officers in the State of Mysore, prior to the promulgation of the impugned rules, was 55 years. The Law Commission in its 14th report recommended that the retirement age of subordinate judiciary in all the States should be raised to 58 years. Taking advantage of the said report, the District Judges made representations, through the High Court, for raising the age of retirement of the subordinate judiciary to 58 years. The Government, after consultation with the High Court, took a decision on the 3rd of August, 1972 to raise the age of retirement of the subordinate judiciary in the State from 55 years to 58 years. The decision of the State Government was given effedt to by issuing an order on the 9th of August, 1972, which reads as follows :

(3.) Respondent 3 was due to retire on the 12th of April, 1972 on his attaining 55 years of age, as required by Rule 95 of the MCS. Rules as was in force on that date. Before the said date, hs had applied for earned leave of 120 days preparatory to retirement from 14th December, 1971 to 11th of April, 1972. Respondent 3 who was in the cadre of District and Sessions Judges of the Mysore State Judicial Service, was, at that time, on deputation and working as Chairman, Mysore Sales Tax Appellate Tribunal, Bangalore. The leave as prayed for by the third respondent was refused by the order of the State Government dt.14th December, 1971. By the same order, the third respondent was granted earned leave for 120 days from 12th April, 1972 and permitted to retire from service after the expiry of the said leave. The said order, which is produced as Ext.A, reads as follows :