UNION OF INDIA UOI Vs. R D DIXIT

JUDGEMENT

(1.) THE Union of India has come up in appeal against the judgment of a learned single Judge quashing an order dated 8th May, 1970, whereby the appellant compulsorily retired the respondent No. 1 from service. At that time the respondent was holding the post of charge-man Grade A in Class III of the North-Eastern Railway.

(2.) THE respondent had challenged the order of compulsory retirement by way of a writ petition, which was sought to be pressed on three grounds. The learned single Judge felt that the petition was liable to succeed on one of the three grounds, namely, that the petitioner had not put in the requisite thirty years of service and, therefore, could not validly be compulsorily retired. In this view he did cot express any opinion on the other two grounds. In the present appeal the same point has been re-agitated before us.

(3.) WE have heard learned Counsel at some length, and we are satisfied that the conclusion reached by the learned single Judge was justified.