S N GHOSAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India by Dr. S. N. Ghosal, who was the Medical Superintendent, T. B. Hospital, Puri at the time when he filed this petition, challenging the validity of Notice No. 14182/h. dated July 20, 1967 (copy at annexure 4) issued by the Secretary to the Government of Orissa in the Health Department, purporting to act under the order of the Governor of orissa, directing and requiring the petitioner to retire from Government service with effect from the date of expiry of three months from the date of the service of the said notice,

(2.) THE petitioner's allegation in this writ petition is that while he was continuing in government Service, the age of compulsory retirement was raised from 55 to 58 by a resolution of the Government of Orissa in the Political and Services department dated May 21, 1963, which was circulated to all the departments of the Government and to all concerned by their communication dated May 21, 1933 as per Annexure 1 to this petition. In accordance with the said resolution, the government took up the examination of the case of the petitioner, who was born on July 1, 1910, along with some others in the Medical Service, and after a 'careful examination' of the matter, decided that the petitioner would continue in service till he completes the age of 58 years as per Government letter No. 10913-H, dated june, 3, 1965 from the Under Secretary to the Government of Orissa, Health department to the Director of Health Service, Orissa which decision was communicated to the petitioner by the Health Director, Orissa by his Memo No. 14914 (15)M/e-165-65 dated June, 25, 1965 (copy at Annexure 3 ). On the receipt of the aforesaid communication, the petitioner got the assurance that he would be allowed to continue in Government service, but after two years, he was served with the aforesaid notice dated July 20, 1967 (Annexure 4) which was received by the petitioner on July 29, 1967. On receipt of this notice, the petitioner made a representation to the Government on August 1, 1967 stating his grievances and praying for withdrawal of the impugned order, but as he did not receive any reply even after a reminder, he filed this writ petition in this Court, praying for the issue of a writ of Mandamus directing the opposite party not to give effect to the notice dated July 20. 1967 (Annexure 4), and for a further direction to continue the petitioner in service until July 1, 1968.

(3.) MR. R. N. Misra, learned counsel for the petitioner contended before us that the government of Orissa, having taken a decision, after 'careful consideration', to continue the petitioner's service till he completes the age of 58 years without imposing therein any condition whatsoever, cannot, after communicating the said decision to the petitioner, revoke such a decision to his prejudice. The Government orders as per letter No. 10913-H. dated June 3, 1965 communicated to the petitioner by Memo No. 14914 (15)M/ E-165-65 dated June 25, 1965 extended the service of the petitioner, along with some others, till they completed the age of 58 years, without attaching any condition whatsoever. This decision was taken in accordance with the Government Resolution dated May 21, 1963, (Annexure 1), paragraph 2 of which runs as follows: