C D DEVALAPURMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who was serving as Supervisor in the Office of the Asst Superintendent of Land Records, Jamkhandi, Bijapur Dist, has challenged in this writ petition the order of the State Govt dt.25th, Feby 1976(Ext.A) issued under Note 1 to Rule 285 of the Karnataka Civil Services Rules (hereinafter referred to as the 'Rules'). By the said order, notice has been given to the petitioner to retire from service after 3 months from the date of service of the order.

(2.) The principal contention of Sri R.U.Goulay, learned Counsel for the petitioner is that as the petitioner has not attained 50 years of age and as he has not completed 25 years of qualifying service, the State Govt had no competence to retire him from his service under Note 1 to Rule 285 of the Rules before he attained the age of superannuation.

(3.) Rule 285 provides that ' a retiring pension is granted to a Govt servant who is permitted to retire after completing qualifying service for thirty years or such less time as may, for any special class of Govt servants be presribed'. The 1st paragraph of Note 1 which is relevant for the purpose of this case is extracted as follows :