UNION OF INDIA Vs. RAM SEWAK PATHAK

JUDGEMENT

(1.) UNION of India and its officers have directed this Letters patent appeal against the judgment and order of a learned Single Judge who allowed the Respondents writ petition directed against the order of compulsory retirement.

(2.) THE order of compulsory retirement was passed in exercise of powers under FR 55 (j) read with Sub -clause (1) (b) of Rule 48 of the Central Civil Service (Pension) Rules, 1972. It was challenged on the grounds:

(3.) THE writ petition was contested on behalf of the appellants, but their contest failed. The learned Single Judge held that the respondent was neither a class I nor a class if official and therefore Fundamental Rule 56 (j) was not attracted. The learned Single Judge further held that Rule 48 of 1972 Rules would not be available as it was not in force on the date the respondent entered into service. In view of the invocation of two rules in the retirement notice, the learned Single judge concluded that there was confusion in the mind of the authority issuing the notice and there was non -application of mind. In the result he held that the notice of retirement was invalid. The learned Single Judge has not made any reference to the service record of the respondent.