RAJIV M SHANBHAG Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition invoking Article 226 of the Constitution of India, challenge is made to the order dated 03.01.2011, whereby premature retirement of the petitioner is ordered by the Government. The said order is stated to have been issued in exercise of the powers under Rule 10(4) of the Gujarat Civil Services (Pension) Rules, 2002 ('Pension Rules, 2002' for short). Along with the impugned order, the petitioner is also paid three months notice pay.

(2.) HEARD learned Senior Advocate Mr. Y.N. Oza with learned advocate Mr. Ashish B. Desai for the petitioner and learned Advocate General Mr. Kamal B. Trivedi assisted by Ms. Sangeeta Vishen, learned AGP, for the respondent authorities.

(3.) LEARNED counsel for the petitioner has placed reliance on the decision of Hon'ble Apex Court in case of S.C. Jain versus State of Punjab reported in AIR 1986 SC 169 and contended that when there are special Rules for officers working in the Engineering cadre, the general powers of the Government can not be invoked to order premature retirement. It is contended by learned counsel for the petitioner that even on merits, the impugned order is unsustainable, however, that question may not be required to be gone into, in the event, this Court accepts the first contention that the Government did not have power to pass the impugned order under Rule 10(4) of the Pension Rules, 2002.