JUGAL CHANDRA SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In both the petitions, the orders of compulsory retirement of the petitioners have been challenged. The petitioners in both the cases were Officers of the Veterinary Department.

(2.) In Civil Rule No. 1579/94, the petitioner is Mr. J.C. Saikia. The order passed is at Annexure-K to the writ application by which the petitioner was retired compulsorily. That is quoted below : "In exercise of the powers conferred under FR 56(b) the Governor of Assam hereby requires Dr. Jugal Chandra Saikia, Director, Institute of Farm Management, Rani, (under suspension), a Member of the Assam Animal Husbandary, Veterinary and Dairying Service, who has already attained the age of 50 years, to retire from service with immediate effect, in public interest. A Banker's Cheque bearing No.................dated 11.4.94 for Rs. 19,470A (Rupees Nineteen thousand Four hundred Seventy) only, being three months' gross salary which is admissible to Dr. Jugal Chandra Saikia, is enclosed."

(3.) In Civil Rule No. 1698/94, the petitioner is Mr. Hem Kanta Phukan. In this writ petitioner the impugned order by which the petitioner was retired compulsorily iis at Annexure-V. That is quoted below : "In exerctise of the powers conferred under FR 56(b), the Governor of Assam hereby requires Dr. Ham Kanta Phukan, O/C, ICDP, Tezpur (under Suspension), a member of the Assam Animal Husbandary, Veterinary and Dairying Service, who was already attained the age of 50(fifty) years, to retire from service with immediate effect, in public interest. A Bank Draft bearing No. MOLA/38-722657 dated 11.4.94 for Rs. 17,364.00 (Rupees Seventeen thousand tree hundred sixty four) only, being 3 (three months' gross salary which is admissible to Dr. Hem Kanta Phukan is enclosed."