PREMADHAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) CIVIL Rule No. 308 of arises out of an application made by Petitioner under Article 226 of the Constitution of India praying for an appropriate writ quashing the order made the Examiner of Local Accounts, Gauhati ordering the compulsory retirement of the Petitioner with effect from the 1st October, 1968. The Petitioner's case is that he was appointed on 18 -8 -41 as a Typist and was confirmed in the -post of Assistant Auditor on" 6 -5 -46. Thereafter he held the post of Auditor, Local Accounts, Assam, in which he was confirmed on 1 -4 -50. He was born on the 1st January 1913 and would have retired on the 1st of January 1968 on completion of 55 years of age. But the Government of Assam issued an order in the form of a memorandum dated the 21st March 1963 raising the age of superannuation from 55 to 58 years subject to two conditions viz. (1) physical fitness and (2) efficiency, to be certified respectively by prescribed authorities. The Petitioner was found physically fit and certified to be efficient. He was retained in service after the age of 55 years. But he received the impugned notice from the Examiner of Local Accounts, Gauhati on the 7th May, 1968 terminating his service with effect from the 1st October. 1968. The notice was purported to have been issued under paragraph 4 of the Memorandum dated the 21st March. 1963. This memorandum is as follows:

(2.) THIS decision will apply to all Government servants who retired or will retire on or after the 1st December, 1962. Government servants who were on leave preparatory to retirement on 1st December, 1962 will be entitled to this benefit. Government servants who were on refused leave from a date prior to 1st December, 1962 will not be entitled to the benefit of the increased age of compulsory retirement. This will also not apply in case of Government servants who having reached the age of superannuation on a date prior to 1st December, 1962, have been allowed extension of service. Persons who have been allowed to continue in service vide Government Memo. No. AAP 217/62A dt. 18th February, 1963 will be entitled to this benefit.

(3.) NOTWITHSTANDING anything contained in the foregoing paragraphs, the appointing authority may require a Government servant to retire after he attains the age of 55 years on 3 months' notice without assigning any reason. This will be in addition to the provisions already contained in Rule 1(2) of the Assam Liberalised Pension Rules to retire an officer who has completed 30 years' qualifying service or 25 years' qualifying service as the case may be. The Government servant also may after attaining the age of 55 years voluntarily retire after giving 3 months' notice to the appointing authority.