LAWS(KAR)-1978-11-10

M MOHAMED NABI Vs. STATE OF KARNATAKA

Decided On November 20, 1978
M.MOHAMED NABI Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The petitioner who was a Second Grade Revenue Inspector in the Revenue Departmeht, of the State Government has presented the writ petition praying for quashing the order of premature retirement made against him by the State Government in exercise of their powers under Note 1 to R. 285 of the Karnataka Civil Services Rules (hereinafter referred to as the Rules.

(2.) Facts: By an order dated 21-6-1976 (Ext. A), the State Government in exercise of its power under Note 1 Rule 285 of the Rules directed his premature retirement on the ground that it is necessary in public interest to retire him. The petitioner had already put in 25 years of service though he was only aged about 46 years. Aggrieved by the said order the petitioner made a representation tp the State Government requesting them to reconsider the matter. As no such reconsideration was made he presented this writ petition on 13-6-1977 praying for quashing the order of retirement, (Ext. A) which reads as follows: -

(3.) Therefore, the question that arises for consideration in this case is whether the order of compulsory retirement made against the petitioner under Note 1 to Rule 285 of the Rules is valid. The said provision reads as follows: - Note 1 to Rule 285 of the Rules: -