R.C. HUBERT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner here was an Executive Engineer in Public Works Department who was compulsorily retired under Rule 3 (2) of the Andhra Pradesh Liberalised Pension Rules, 1961 as amended by G. O. Ms. No. 188 dated 29-7-1975, read with Rule 2 (1) of the Andhra Pradesh Government Servants Premature Retirement Rules, 1975. By an order dated 27-8-1975 he was retired from service in public interest on the expiry of three months from the date of service of the order on him. He entered the service on a regular basis as Junior Engineer on 2-4-1950. Thus he had completed 25 years of service and came within the purview of the aforesaid rules. He sought to file a writ petition challenging the order of compulsory retirement. The Office took an objection to its maintainability in view of paragraph 6 (3) of the Andhra Pradesh Administrative Tribunal Order 1975 (hereinafter referred to as the "Presidential Order") and the orders of the Supreme Court dated 13th and 19th of Aug. 1975 in C. M. P. No. 3611/75 in W. P. No. 654/75.

(2.) Our learned brother Ramachandra Rao, J. before whom the matter came up for orders, directed this to be posted before a Division Bench since it is a matter of some importance as some more similar writ petitions are likely to be filed in future.

(3.) Notice has been given to the learned Advocate General who has appeared and argued the matter on behalf of the State.