T P VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ Petition has been filed by Shri T.P. Verma, Mechanic, All India Radio, praying for the issuance.of an appropriate writ, order or direction calling tor necessary recods and quashing an order, dated 30th August, 1909, whereby he was informed that he. on attaining the ,ageof55 years on the 1st December, 1969, shall retire from service with effect from the forenoon of 2nd December, 196', or from the date of expiry of three months computed from the date of the service of the said order on him whichever was later,, and declaring the petitioner to be still in service, and for granting consequential reliefs. The said order purports to have been passed by the Station Director, All India Radio in exercise of, the powers conferred by clause (j) of Rule 5, of the Fundamental Rules

(2.) . The respondents in the writ petition are (1) Union of India thorugh the Secretary of Information and Broadcasting, (2) the Director General, All India Radio, (3) the Station Director, All India Radio and (4) Shri Banerjee, Station Engineer, All India Radio.

(3.) . The petitioner joined the service of the respondents as a Mechanic in May, 1944, and was posted as such in Broadcasting House,. Parliament Street, New Delhi, in the grade of Rs. 110-265, untill the year 1967. He was confirmed against a permanent vacancy of Mechanic in the year 1949. It is not necessary to set out all the averments in the writ petition. It is sufficient to state that the petitioner was transferred some time in 1967 to the Mali Radio Unit of the Broadcasting House at Delhi, and on 30th of August, 1969, Respondent No. 3 sent the impugned notice (order) purporting to be under clause (j) of Rule 56 of the Fundamental Rules retiring the petitioner from service at the age of 55 years with effect from the forenoon of 2nd December, 1909. The petitioner preferred an appeal to the Director General, All India Radio, on 9th September, 1969, against the said order qf retirement, but he did not receive any reply. He thereupon filled the present writ petition on 26th November, 1969, praying for the reliefs mentioned above.