R D MALHOTRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India primarily raises the question of the scope and applicability of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 vis-a-vis persons promoted to the Indian Administrative Service from State Civil Services. As an alternative and subsidiary question it also raises the point as to whether a member of the Indian Administrative Service can be compulsorily retired at any tune after be has attained the age of 50 years and if so at what point or points of time in his service.

(2.) The petitioner was born on August 29, 1919. He was recruted in the Punjab Civil Service (Executive Branch) in February, 1942 on the basis of a competitive examination. He was promoted to become a member of the Indian Administrative Service with effect from December 21, 1961 and with effect from November 1, 1966 was allotted to the State of Punjab. On July 1, 1971 the petitioner was served with a notice under sub-rule (3) of Rule 16 of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, hereinafter referrd to as the 1958-Rules. The notice contained an order that as be had already attained the age of 50 years he is to be retired in public interest on the expiry of three months from the date of the service of the said order. The petitioner protested against this compulsory retirement but to no avail. Thereupon, he filed a petition under Article 226 of the Constitution of India (being Civil Writ No. 31S6 F of 1971) in the Punjab and Haryana High Court on August 23, 1971. This petition was dismissed by that Court on May 23, 1972. The petitioner filed a petition for special leave to appeal in the Supreme Court of India on August 14, 1972. In the Supreme Court the petitioner was allowed to withdraw the writ petition and so, the writ petition was dismissed as withdrawn and the special leave petition was disposed of accordingly. Thereafter the petitioner filed the present writ petition in this court.

(3.) Prior to the filing of the writ petition in this court the petitioner applied for being paid his pensionary benefits. It is contended by him that the 1958 Rules as a whole do not apply to him inasmuch as he was a State Service promotee to the Indian Administrative Service . and is governed by the new Pension Rules, 1951 of the Government of Punjab and he had opted only for the benefits under Rule 22 of the 1958-Rules. He further contends that no regulations have been framed by the Central Government under the All India Services (Conditions of Service Residuary Matters) Rules, 1960 and so, the petitioner is entitled to benefits under the Punjab Rules and not under the 1958-Rules, as contended by the respondents. In the alternative, as noticed earlier, the petititoner prays A that his compulsory retirement is invalid, inter alia, for the reason that compulsory retirement under Rule 16 of the 1958 Rules could only be ordered when the petitioner attained the age of 50 vears and not at any point of time thereafter before he attamed the age of 58 years. It has also been pleaded by the petitioner that his compulsory retirement was as a result of the personal bias of Shri S. S. Grewal. respondent No. 3, who was the Chief Secretary, Punjab at the time when the order of compulsorily retiring the petitioner was passed. At the bar the plea of mala fides was not pressed.