COAL CONTROLLER Vs. S S GARGA

JUDGEMENT

(1.) This is an appeal from a Judgment of Anil Kumar Sen, J. upon a writ petition filed by the respondent before us directing the appellants not to give effect to an order of compulsory retirement made on April 29, 1971 under Rule 56 (j) of the Fundamental Rules. The respondent was holding the post of Secretary to the Coal Controller when the order retiring him was passed.

(2.) Fundamental Rule 56(j) reads : "Notwithstanding anything contained in this rule, the appropriate authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice; (i) if he is class I or class II Service or post and had entered Government service before attaining the age of thirty five years, after he has attained the age of fifty years; (ii) in any other case after he has attained the age of fifty years; Rule 56 (j) has a proviso which is not relevant for the purpose of this appeal.

(3.) One of the grounds on which the decision of Sen J. rests is that Rule 56 (j) is not applicable to the respondent as the requirements of the Rule are not satisfied in this case. There is no dispute that the post of Secretary to the Coal Controller is a class I post under the Government of India. It is also not disputed that the respondent was born on November 12, 1918 and was thus more than fifty years of age when the order under Rule 56 (j) was passed. The dispute is on the question whether the other requirement of the Rule is satisfied, that is, whether the respondent had entered Government service before attaining the age of thirty five years. According to the respondent he entered Government service long after he was thirty five. It is necessary therefore to trace the respondent's career backward and ascertain the nature of the employments held by him before he was appointed Secretary to the Coal Controller.