S C DIKSHIT Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India seeks a writ of certiorari to quash the impugned order dated 23/12/1985 of compulsory retirement passed in exercise of the powers conferred by Clause (j) (i) of Rule 56 of the Fundamental Rules retiring the petitioner from the service of the Delhi Development Authority with immediate effect he having attained the age of 50 years on November 4, 1982.

(2.) The record of service of the petitioner is mentioned in paras 5 to 9 of the writ petition in these words. The petitioner initially joined U.P. Civil (Executive Service) in 1958. He served in various capacities/posts in Government of U.P. till 1970. In 1970, the Delhi Development Authority (for short D.D.A.) had invited names of officers for deputation in D.D.A. from U.P. Government. The petitioner was sent on deputation to D.D.A. by the Government of U.P. in 1970. He joined D.D.A. in May, 1970 as Officer on Special Duty in J.J. Department. The petitioner was posted as Additional Secretary (Lease Administration), D.D.A. and remained in this position till 1973. The petitioner was appointed as Additional Secretary (Prosecutions) and he was responsible for the effective enforcement of various statutory provision contained in the D.D.A. Act of 1957. The petitioner was promoted as Deputy Commissioner (Implementation) in January, 1977. The petitioner was repatriated in September, 1977 to his parent cadre under the U.P. Government. The services of the petitioner were then placed at the disposal of the Delhi Administration who appointed him as a General Manager of Delhi Small Scale Industrial Development Corporation in January, 1978. The petitioner was again repatriated to his parent department and was posted as Secretary-cum-Administrative Officer, NOIDA where he worked in that capacity till April, 1980. These facts are admitted in the counter-affidavit of the respondents by an averment that paras 5 to 8 of the writ petition in so far as they pertain to record are admitted.

(3.) By letter dated 17/4/1980, the D.D.A. made a request that the services of the petitioner were required by the Authority and asked the consent of the Government of U.P. to the deputation of the petitioner and for placing his services at the disposal of D.D.A. in public interest. The petitioner gave his consent and was sent on deputation to D.D.A. in April, 1980 and he joined as Director (Commercial Lands). The D.D.A. proposed to permanently absorb the petitioner against the permanent post of Deputy Commissioner (Implementation)in the time scale of pay of Rs. 1500-2000 with effect from 1/1/1981. A letter dated 23/11/1980 was addressed to the Government of U.P. The State Government by its letter dated 15/12/1980 conveyed no objection to the proposal of absorbing the services of the petitioner who was then on deputation in D.D.A. <PG>159</PG> permanently on a permanent post of Deputy Commissioner (Implementation). The D.D.A. by its letter dated 29/12/1980 informed the petitioner about the conditions of the absorption of the petitioner in D.D.A. with effect from 1/1/1981 in public interest. The petitioner was called upon to give his consent.