DHARAM DEV MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) There is only one question raised in this. apreal : wheatherv the notiece retiring the appellant on attaining the age 55 years from the post of an Auditor. which he was then holding, was issued by the 'appropriate authority".' A single Judge of this court has held that it was. Hence the appellant has appealed.

(2.) In October 1952 the appellant was taken into the Subordinate Accounts Service. He was promoted on 23rd August 1962. A controversy exists whether he was then made an Assistant Accounts Officer or an Assistant Audit Officer, bill it is of no consequence. It is agreed that he functioned as an Assistant Audit Officer. By an order dated 8th April 1968 the Comptroller and Auditor General of India redesignated this post as Audit Offiiecr, the word 'Assislam.' being dropped. In every other respect the post remained the same. At that time the appellant was working in the office of the Chief Auditor, Commercial Accounts, Northern Region. New Delhi Whilst. till so employed he received a notice dated 28th August 1968 from the Director of Commercial Audit. saying that. as in his opinion . was in the public interest to do so, the appellant would retire from service on attaining the age of 55 years-, on 10t5h November 1968 or from the date of expiry of 3 months is service after service of the notice. whichever was later. The appellant's representation for an extension of his service on compassionale grounds was rejected. On 15th November 1958 the appellant moved this court for quashing that notice. and for certain consequential reliefs. His petition was admitted lo a full hearing. Meanwhile, in accordance with the notice, he was. retired. This appeal is brought against the dismissal of his petition.

(3.) Rule 56(a) of the Fundamental Rules says that : 'Except as otherwise provided in this Rule, every Government' servant shall retire on the day he attain:- the age of fiftv, eight years.' One of the exceptions is in sub-.rule (j), it gives to the 'appropriate authority' the 'absolute right to j'.Lire any Govenment servant' who has rcached the age of 55 years by notice of not less than three months in writing or three months' pay and allowances in lieu' therof'. 'if it is of the opinion that it is in the public interest to do so'. Other aspects of that sub-rule are not relevant for the present purpose. The validity of the sub-rule is now beyond question : see Union of India v. J. N. Sinha and another, A.1.R. 1971 S.C. 400).