UNION OF INDIA (UOI) Vs. NARENDRA NATH BOSE

JUDGEMENT

(1.) This appeal is at the instance of the Union of India and some officers of the Eastern Railway Administration and it is directed against the judgment of M.N. Roy J. whereby the Rule obtained by the Respondent on his application under Article 226 of the Constitution was made absolute.

(2.) The only question involved in this appeal is whether the Respondent, an Inspector of the Railway Protection Force, Coaching Post, Sealdah, under the Eastern Railway Administration, has been lawfully retired from service in accordance with Rule 620(h) of the Manual of Railway Pension Rules, 1950. Rule 620 reads as follows:

(3.) The said order was served on the Respondent on July 31, 1976, at 5-30 p.m. On August 2, 1976, the Respondent moved a writ petition challenging the legality of the said order and obtained a Rule and an interim injunction. It was, inter alia, contended by the Respondent that as no payment of his pay and allowances was made or tendered to him simultaneously with the service of the said order as contemplated by Rule 620(ii), it was illegal, inoperative and void. The learned Judge accepted the contention of the Respondent and quashed the said order and directed the Appellants not to give effect to the same or to act on the basis thereof. The learned Judge, however, granted liberty to the Appellants to take any fresh action against the Respondent in accordance with law.