A GVENKATASUBBIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Article 226, Constitution of India, praying for the issue of a Writ of Mandamus or other direction or order quashing the order of the respondent-Government bearing G. O. No. 7012-7016/L. R. 345-49-2, dated 20-1-1950, ordering the compulsory retirement of the petitioner or, in the alternative, to sanction the full pension as ordered in G.O. No. 2722-26/L. R. 118-53-2, dated 26-5-1953.

(2.) The facts that have given rise to this petition are briefly as under.

(3.) The petitioner was an Amildar in the State service. In their Order No. R. 7012-7016/L. R. 345-49-2, dated 20-1-1950, the Government directed the compulsory retirement of the petitioner on the ground that the Officer was found corrupt and guilty of misconduct. They, however, on the representations made by the petitioner directed in their Order No. R. 2722-26/L. R. 118-53-2, dated 26-5-1953, that the petitioner should be paid his full pension, but the Accountant-General took objection to the grant of pension to the petitioner on the ground that the order offended the provisions of Article 223, Mysore Service Regulations, and observed that the petitioner was only entitled to compassionate allowances as pro-vided therein. Thereupon the Government modified the original order and withdrew, in their Order No. G. 11972-76/L. R. 118-53-4, dated 23-10-1953, the pension previously ordered, and allowed compassionate allowances permissible under Article 223, Mysore Service Regulations. In this petition, the petitioner has prayed for the issue of a writ of mandamus or other direct ton or order to quash the order of the Respondent-Government directing his compulsory retirement or, in the alternative, to restore full pension ordered by the Respondent in the first instance.