ANGON SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Petitioners are 14 in number. They were appointed to various posts under the Government of Manipur, and at the relevant time they were on deputation under Manipur State Road Transport Corporation, in short (MSRTC). They were ordered to go on compulsory retirement with immediate effect under F.R. 56 (j) The order read thus : GOVERNMENT OF MANIPUR SECRETARIAT : TRANSPORT DEPARTMENT ORDERS BY THE GOVERNOR: MANIPUR Dtd/Imphal. the 2nd February, 1993 No.4/3/90-T (MSRTC): Whereas the service of the following employees of the State Government, now on deputation to the Manipur State Road Transport Corporation, on attaining the age of 55 years, have been reviewed by a Review Committee constituted in accordance with the order No. 5/1/79 (AIS)-DP dated 2840-87 of the Department of Personnel and Administrative Reforras(Personnel Division) Govt. of Manipur. And whereas the Review Committee, after due assessment and consideration of the service of the said employees, have recommended for pre-mature retirement of the said employees as their service cannot be utilized properly, effectively and fruitfully as well as no contribution in work can be expected further from them as they are old aged, physically not fit and inefficient for the service and thereby no longer required for retaining them in service or reversion to a lower post; And whereas the "State Government have accepted the recommendations of the Review Committee; And whereas also in pursuance of the order dated 9/12/1992 in C.R. No. 1241 of 1992 of the Gauhati High Court, Imphal Bench, the order No. 1/691/92 - MSRTC (E) dated 18-8-92 issued by the Managing Director, M.S.R.T.C. for prematters ( Sic, premature) retirement in respect of 26 (twenty six) employees is hereby cancelled and superseded; And whereas the State Government is of the opinion that it is in the public interest to do so. Now, therefore, in exercise of the powers conferred by clause (j) of Rule 56 of the Fundamental Rules, the Governor of Manipur hereby retires the following employees of the State Govt. with immediate effect. The Governor also directs that in lieu of notice, each of the employees given below shall be paid a sum equivalent to the amount of his pay plus allowances for a period of three months calculated at the same rate at which he was drawing them immediately before his retirement. Sl. No.

(2.) Rule 56 (j) of FR & SR empowers the appropriate authority absolute right to retire any Government servant by giving him notice of three months or three months pay and allowances in lieu of such notice. The relevant portion of Rule 56 (j) reads thus :

(3.) By now it is well settled principle of law that the order of compulsorily retiring a Government servant passed under FR 56(j) does not amount to punishment and hence principles of natural justice not required to observe in passing such order. Judicial Review of the order is open only on grounds of mala fide, arbitrariness and perversity.