LAWS(APH)-1962-1-29

GOVERNMENT OF ANDHRA PRADESH Vs. MOHAMMED MOMINUDDIN (CROSS

Decided On January 08, 1962
GOVERNMENT OF ANDHRA PRADESH Appellant
V/S
Mohammed Mominuddin (Cross Respondents

JUDGEMENT

(1.) This is an appeal preferred by the Government of Andhra Pradesh, represented by the Secretary to Government, Home Department, Hyderabad, against the decision of the II Additional Chief Judge, City Civil Court, Hyderabad, in O. S. No. 1 of 1958 on his file.

(2.) This appeal raises the question whether the order of compulsory retirement passed against Mohammed Mominuddin, Ex-District Magistrate and Judge (hereinafter referred to as the respondent) by the Government of Hyderabad is illegal, ultra vires, and null and void. The trial Judge declared that the said order is illegal, that the respondent must be deemed to be in service till 31-5-1960, the date of his superannuation, and, as a consequence thereof, granted a decree for arrears of salary and other reliefs.

(3.) Being aggrieved by this decision, the Government of Andhra Pradesh, have preferred this.