V GOVINDARAJULU Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner who had joined Government Service as a Lower Division Clerk on 14-7-1947 was in 1975 a Deputy Collector. His date of birth admittedly is 14-12-1925, so that be completed 50 years of age on 13-12-75 and 25 years of Government service on 13-7-1972.

(2.) The petitioner was served with an order of compulsory retirement under Rule 56(d) of the Fundamental Rules on 24-7-1976. The order merely says that under Fundamental Rule 56(d), the petitioner was retired from service from the date of issue of the order and a cheque representing three months" pay and allowances admissible on the date of retirement was enclosed.

(3.) This order was challenged by the petitioner under Article 226 of the Constitution of India. Among many of the grounds raised one ground is that the order in effect is penal in nature because some charges were framed against him on 25-3-1975. This writ petition is now before us because apparently the matter seems to be concluded by the Full Bench decision of this Court in Manickam, P.A. v. Government of Tamil Nadu, (1984) Writ.L.R. page 1.