C.G V. MENON Vs. UNION OF INDIA

JUDGEMENT

(1.) This case is squarely covered by the ruling of the Supreme Court in Union of India V/s. K. R. Tahiliani,1980 1 SLR 847 . That was an appeal from an order of H. L. Anand J. of this Court (See his judgment in K. R. Tahiliani V/s. Union of India, 1978 1 SLR 815 . The Supreme Court dealt with question of compulsory retirement under Fundamental R. 56(j).The Supreme Court decided that R. 56(j) will not apply to a Govt. servant who is officiating in Class I or Class II post or service. As Krishna Iyer J. put it "an officiating hand will not be caught in the claws of the compulsory retirement". Fundamental Rule 56(j) says :

(2.) If a person has a substantive appointment in Class II and is holding an officiating appointment in Glass II service or post then he cannot be retired at the age of 50 years. He can be retired only at the age of 55 years under this Rule.

(3.) Now the case of the petitioner is this. On 31-8-1956 he was appointed as a Technical Assistant in the office of the Economic Advisor, Ministry of Development, as a direct recruit. This was a class III post. This post was called the post of Technical Assistant or Junior Investigator. These two terms were synonymous.