MADHU SUDAN SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner had approached this Court by way of writ petition filed under Article 226 of the Constitution of India seeking writ of Mandamus and Certiorari challenging the legality and validity of the communication letters/Show Cause Notice dated 13-08-2017 issued by the authorities compelling the petitioner to compulsory retire on 01-12-2018 on completion of 30 years of qualifying service. The petitioner had assailed the compulsory retirement alleging that the same was purported/colourable exercise of powers under Rule 48(1)(b) of the CCS (Pension) Rules, 1972 and Rule 56(1) of Fundamental Rules. A further prayer has also been made against impugned letter No. 1.31022/19AR/ Review/ Adm-VI/2017/382 dated 23-11-2017 issued by the respondent No. 3 rejecting the recommendation of respondent No. 4/Commandant for retention in service of petitioner.

(2.) Learned counsel for the respondents had produced an office order No. 19 AR/Rec/921/2019/322, dated 30th May, 2019 withdrawing the earlier office order No. 19 AR/Rec/921/2018/797, dated 20th July, 2018. It was stated by the learned counsel for the respondents that in view of the aforesaid, the compulsory retirement had been withdrawn and petitioner has been taken back in service.

(3.) At this stage, learned counsel for the petitioner submitted that the salary of the petitioner has not been released since January, 2019. Learned counsel for the respondents assured the Court that the salary of the petitioner as due shall be released by 30th June, 2019.