PUNJAB STATE Vs. MOHAN SINGH MAHLI

JUDGEMENT

(1.) THIS is an appeal under Clause X of the Letters Patent filed by the State of punjab against the decision of P. C. Jain, J. by which he accepted a petition under articles 226 and 227 of the Constitution filed by Mohan Singh Malhi, respondent.

(2.) THE respondent joined service in the United Punjab as a Veterinary Assistant surgeon on 1st December, 1933. Later, on 4th July, 1939, he was taken in the punjab Veterinary Service, Class II. by direct recruitment by the Public Service commission and posted as Deputy Superintendent (Civil), Veterinary Department. He was confirmed on 4th July, 1941. He was then promoted to the Punjab veterinary Service, Class I, with effect from 5th August 1912, and confirmed as such on 5th AUGUST, 1944. Subsequently, he held the post of the Director of animal Husbandry and Warden of Fisheries, Punjab, from 16th March, 1957 to 14th August, 1959. There-after, Pritam Singh Brar was appointed Director in his place. When the said Pritam Singh Brar completed the age of 56 years, the respondent was again ap-pointed Director of Animal Husbandry, and he took over charge of this post on 4th August, 1965. He continued as such, when on 2nd september, 1967, he received the impugned order for his retirement on payment of three months' salary and allowances in lieu of the notice required under Rule 5. 32 (c) of the Punjab Civil Services Rides, Volume II. That led to the filing of the writ petition in this Court in March 1968.

(3.) THE impugned order was attacked on the ground that no notice, as required by the relevant rule, had been served on the respondent. According to him, he could be retired by the appointing authority on or after he attained the age of 55 years of giving him not less than three months' notice and under the law, he could not be paid three months' salary and allowances in lieu thereof. He was born on 6th august, 1911, and was to attain the age of superannuation on 5th August, 1969, when he would have been 58 years old.