BACHU LAXMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the abovementioned Special Civil Application challenging the action of the Railway administration retiring the petitioner on completing the age of 58 years on 31-3-1981. Case of the petitioner is that he being the employee of the erstwhile Bhavnagar State Railway was entitled to serve upto 60 years which benefit remains vested in him and therefore he cannot be superannuated at the age of 58 years as per the correct interpretation of Rule 2046 (F.R. 56) read with the rules of Ex-Bhavnagar State known as Age Limit Rules of 1919.

(2.) At the time of admission of the abovementioned Special Civil Application this Court on 23-3-1981 issued Rule and ad-interim relief against the retirement of the petitioner till 31-3-1983 was granted. This ad-interim relief was confirmed on 6-4-1981 by this Court. Thereafter this matter was pending. However on 23-3-1983 the Railway Administration filed a Civil Application No. 1359 of 1983 for getting the interim relief vacated or suitably modified and that the petitioner be allowed to be retired on 31-3-83 as per the extant Railway Rules. This Court therefore by order dated 24-3-1983 vacated the interim relief with effect from 31-3-1983. However the Special Civil Application was kept pending and is still pending till today.

(3.) As the pension and other retirement benefits because of the pendency of the petition of the petitioner before this Court are not being fixed by the Railway Administration the petitioner has filed this Civil Application No. 4315 of 1983 for a direction to the Railway Administration to fix the pension and to give other retirement benefits to the petitioner forthwith. On this Civil Application rule was made returnable on 16-1-1984. Thereafter this matter was adjourned from time to time.