STATE OF PUNJAB Vs. NAND KISHORE

JUDGEMENT

(1.) THE complexities of the practical application of the otherwise settled principles of constructive res judicata have necessitated this reference to the Full Bench. The question for determination has been formulated in the following terms:-

(2.) HE will be entitled to such proportionate pension and death-cum-retirement gratuity as may be admissible under the rules. Chandigarh Sd/- E. N. Mangat Raj, Dated : The Chief Secretary to Govt. 6th January, 1961. Punjab" 2. Against the abovesaid order the respondent represented to the higher authorities but no relief was apparently granted. He also submitted a memorial to the Governor but was informed on the 9th June, 1961, that the same had been considered and rejected.

(3.) NAND Kishore respondent then moved Civil Writ No. 1061 of 1961 praying for the quashing of the order dated the 6th of January, 1961, retiring him compulsorily. This writ petition came up before a Division Bench consisting of I. D. Dua and Tek Chand, JJ. The learned Counsel for the respondent assailed the impugned order of compulsory retirement before the Bench on a variety of grounds. The Division Bench in a lucid and detailed judgment referred to all the points raised on behalf of the petitioner and repelling the same dismissed the writ petition on the 5th February, 1962. Consequently the impugned order of compulsory retirement of the 6th January, 1961, was upheld. Admittedly no appeal was taken against the decision of the Division Bench.