KARTAR SINGH Vs. PUNJAB STATE AND ORS.

JUDGEMENT

(1.) BRIEFLY , the facts are that the Plaintiff joined the Punjab Police Service as a Constable in 1936. On March 17, 1971, he attained the age of 55 years. The case of his continuation in service was taken up by the Deputy Inspector -General of Police who, -vide memo., dated January 1, 1971 extended his term till the age of 56 years. Before the expiry of the period of extension, he was served with a three months' notice dated July 8, 1971, to the effect that he would retire after the expiry of the period of the notice. He consequently filed a suit for declaration that the notice, dated July 8, 1971, retiring him from service before the expiry of the extended period was invalid inter alia on the grounds, that having once been granted extension in service beyond the age of 55 years, on the basis of his service record, he could not be retired before the expiry of the extended period and that it was not issued by the competent authority. The Plaintiff took up some other grounds for challenging the notice, but they do not survive in this appeal. The suit was contested by the Defendants who inter alia pleaded that the Government had absolute right to retire him at any time after serving him with a three months notice and that the notice had been issued by the appropriate authority.

(2.) THE trial Court held that the impugned order was illegal and it consequently decreed the suit of the Plaintiff. The State went up in appeal before the Senior Subordinate Judge, Amritsar, who reversed the finding of the trial Court and held that the Government had absolute right to retire him. He consequently accepted the appeal and dismissed the suit. The Plaintiff has come up in second appeal to this Court. The matter came up before me for hearing and I ordered that the case be heard by a Division Bench as the matter was of a great importance and was likely to arise in many cases. This is how the case has been listed before this Bench.

(3.) IN determining the question, it will be relevant to refer to Rule 5.32 of the Punjab Civil Services Rules, Volume II (hereinafter referred to as the Punjab Rules) which relates to retiring power. In Note 1 to Clause (c) to the said rule, an absolute right has been conferred on the appointing authority to retire any Government employee, except a Class IV employee, without assigning any reason, on or after he has attained the age of 55 years. The said Note reads as under: