GOVERNMENT OF TAMIL NADU Vs. J SELVARAJ

JUDGEMENT

(1.) THE respondent was compulsorily retired on the ground that it was necessary in public interest, by an order 31.8.1976 by the Superintendent of Police, Madurai South. A cheque representing three months pay and allowances on the date of retirement was enclosed. But in quoting the provision of law, the Superintendent of Police mentioned that he was compulsorily retiring him under R. 56(d) of the Fundamental Rules. When the matter was taken in appeal by the respondent, the Deputy Inspector General of Police, Madurai, who is the appellate authority, was of the view that Fundamental R. 56(d) was not applicable, but the provision under which the retirement should have been made, was under R. 3(2) of the Tamil Nadu Liberalised Pension Rules, 1960. Both these provisions are indentically worded except that the Liberalised Pension Rule was specifically applicable to only those Government servants, who retired from service on or after 1st July, 1960, and who belong to a pensionable service whereas F.R. 56(d) has no restriction. However, the Appellate Authority stated in the order that In the circumstances, I hereby cancel the orders of the Superintendent of Police, Madurai South retiring him compulsorily under F.R. 56(d) issued in the Proceedings cited and order the compulsory retirement on public grounds from 31.8.1976 A.N. under R. 3(2) of the Tamil Nadu Liberalised Pension Rules 1960.

(2.) THE learned single Judge, who heard the writ petition, referred to the old Pension R. 3(2) where the Government was authorised to compulsorily retire any Government servant from service any time after the 30 years of qualifying service and stated that since in this case as on 31.8.1976 the respondent had not completed 30 years of service, the order of compulsory retirement was invalid. THE learned Government Pleader now brought to our notice that R. 3(2) was amended by G.O.Ms.No. 314 Finance (Pension) Department, dated 14.3.1973 which provided that on or after the 1st March, 1972 the appropriate authority shall, if it is of opinion that it is in the public interest to do so have the absolute right to retire any Government Servant by giving him a notice of not less than three months in writing or three months pay and allowance in lieu of such notice after he has attained the age of fifty years or after he has completed twenty five years of qualifying service. In the circumstances, therefore, the order of the learned- Judge referring to the old Rule and allowing the Writ Petition could not be sustained.

(3.) IN the result, the writ appeal is allowed, the order of the learned Judge is set aside and the writ petition shall stand dismissed but there will be no order as to costs.