J.M. MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India is directed against the order of premature retirement of the petitioner on his completing the age of 50 years from the post of Sales Tax Recovery Mamlatdar, Rajkot, in exercise of power conferred on the Government under the provisions of Rule 161(1) of the Bombay Civil Services Rules, 1959 by order, dated 23rd Sept., 1976. The petitioner is prematurely retired with effect from 31st Dec., 1976.

(2.) The facts giving rise to the present petition, briefly stated, are as under:-

(3.) It is in the background of the above-mentioned facts, that his petition is required to be decided. When this petition was posed for admissional hearing notice was ordered to be issued on the respondents and the same was made returnable on 13th Dec., 1979. It appears that the respondents appeared in response to the notice and ultimately Rule Nisi was issued on 27th Dec., 1979 and the hearing of the petition was expedited. On behalf of respondents, C.R. Desai, Under-Secretary to Government of Gujarat, Revenue Department, has filed the affidavit in reply, dated 20th Oct., 1983, and further affidavit is also filed by Jitendra S. Dave, Under-Secretary, Government of Gujarat, Revenue Department, dated 29th Dec., 1988. Maintainability of the Petition :