ZAINUDDIN Vs. STATE

JUDGEMENT

(1.) The petitioner was an Assistant Excise Commissioner in the service of the Travancore Cochin State and his prayer is for an appropriate writ or direction quashing an order of the Travancore Cochin Government, No. S5-3672/50/CS dated the 16th August 1950 (Ext. A) and for consequential reliefs. The order in question reads as follows:-

(2.) In pursuance of the order the petitioner had to hand over charge of his office and according to him the order amounts to a dismissal or removal from service in violation of:-

(3.) According to the State there has been no dismissal or removal from service and what we are dealing with is not a case of disciplinary action at all but an order directing the retirement of an officer on his attaining the superannuation age of 55, his age being calculated in pursuance of a general governmental decision on the basis of his date of birth as entered in the College records in preference to the one given in the Civil List.