SADASHIV MANDAL Vs. THE UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Union of India.

(2.) The writ petition has been filed for quashing order dated 7.11.2012 (Annexure 1), whereby the petitioner has been made to retire compulsorily on completing 30 years of service.

(3.) Learned counsel for the petitioner has stated that the option of compulsorily retiring an employee under Rule 48(i) (B) of the CCS (Pension) Rules, 1972 can be done by observing the mandate in Clause (3)(c) of Appendix 9 of the Pensions Act, 1871, which is the new revised publication of Appendix 5 (Instructions Regarding Premature Retirement of Central Government Servants) specifically clause 3(c) thereof provides as follows:-