SASHIBHUSAN MOHANTY Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) By Annexure 1, Government Notification No. 469 dated 4-1-1974 issued by the State Government in the Irrigation & Power Department, in exercise of power under proviso to clause (a) of Rule 71 of the Orissa Service Code the petitioner, who at the time was working as Chief Engineer (Electricity), Orissa State Electricity Board, was reverted to State cadre and compulsorily retired with effect from the afternoon of that day. This forthwith retirement was declared to be in the public interest and the petitioner was allowed three months' pay and allowances in lieu of three months' notice as required by the said rule. Being aggrieved by this order of compulsory retirement, the petitioner has filed this writ application for quashing Annexure 1 and for a declaration that he continues in service as Chief Engineer. Elecirical, notwithstanding the aforesaid impugned Notification, and that the applicant is entitled to all service benefits up to date.

(2.) Annexure 1 reads as follows:

(3.) The undisputed facts in this case are that the petitioner was born on 23-10-1923. He was appointed as Executive Engineer on 21-3-1946, was duly promoted to the rank of Superintending Engineer and was appointed as Chief Engineer, Elec'rical on 15-11-1972. He was compulsorily retired on 4-1-1974 in exercise of power under proviso to clause (a) of Rule 71 of the Orissa Service Code . This proviso was introduced into Orissa Service Code (hereinafter referred to as the Code) by way of amendment on 21-12-1973, and runs as follows: