J K RASANIA Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) . The petitioner herein has challenged the order of his compulsory retirement {Annexure 'D' to the petition) passed by the Competent Authority, under Rule 161 (1) of the Bombay Civil Services Rules, 1959.

(2.) In order to appreciate the controversy before the Court, it is first necessary to examine certain relevant facts.

(3.) One of the principal contentions raised by the petitioner is that on a true and correct interpretation of the rule 161 of the BCSR, the petitioner could be compulsorily retired only on or after the date on which he attains the age of 55 years. On the facts of the case, it is not disputed that the petitioner has been compulsorily retired, precisely with effect from the date when he would have attained the age of 50 years.