REGENT COMPUTRONICS PVT. LTD.

POONAM CHAND JOSHI Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

RISHI RAM VS. UNION OF INDIA [REFERRED TO]
MOHAN SINGH VS. STATE OF HARYANA [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
ABDUAL RAHIM AHMED VS. STATE OF MYSORE [REFERRED TO]
J.N. SINHA VS. UNION OF INDIA [REFERRED TO]
SMT. SOMAWANTI VS. STATE OF PUNJAB [REFERRED TO]
PREMADHAR BARUALI VS. STATE OF ASSAM [REFERRED TO]
HARISHANKAR BAGLA VS. STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF BOMBAY VS. SAUBHAGCHAND M DOSHI [REFERRED TO]
SOUTH INDIA CORPORATION PRIVATE LIMITED VS. SECRETARY BOARD OF REVENUE TRIVANDRUM [REFERRED TO]
MOTI RAM DEKA SUDHIR KUMAR DAS PRIYA GUPTA MOTI RAM DEKA TIRATH RAM LAKHANPAL UNION OF INDIA HARI KISHORE RAM CHANDRA LAL RAM DUTTA UPADHYA ONKAR NATH AKHAURIA VS. GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EAST FRONTIER RAILWAY:GENERAL MANAGER NORTH EASTERN RAILWAY:UNION OF INDIA:S B TEWARI:PARIMAL GUPTA:PREMCHAND THAKUR:S B TEW [REFERRED TO]
T G SHIVACHARANA SINGH C I RAJOO NAIDU V SANJEEVAIAH G SRINIVASA RAO MOHAMED HAFEEZ KHAN H GOPINATH RAO E H MANOHAR SINGH M U LAXMAN B MOHAMMAD ASADULLAH K R SESHADRI IYENGAR K M A BAVOOF KHAN KUMMAJI RAO VS. STATE OF MYSORE [REFERRED TO]
LALA SHRI BHAGWAN VS. RAM CHAND [REFERRED TO]
STATE OF PUNJAB VS. AMAR SINGH HARIKA [REFERRED TO]
STATE OF ORISSA VS. BINAPAIRI DEI [REFERRED TO]
S C JAISINGHANI C K TIKKU MOHAN CHANDRA JOSHI VS. UNION OF INDIA [REFERRED TO]
STATE OF UTTAR PRADESH VS. DINANATH RAI [REFERRED TO]
A K KRAIPAK VS. UNION OF INDIA [REFERRED TO]
HARAKCHAND RATANCHAND BANTHIA VS. UNION OF INDIA [REFERRED TO]
R L BUTAIL VS. UNION OF INDIA [REFERRED TO]
BAIRAGI RAM VS. STATE OF U P [REFERRED TO]
K PARASURAMAIAH VS. POKURL LAKSHMAMMA [REFERRED TO]
GOPINATH GUPTA VS. POST MASTER GENERAL [REFERRED TO]
SOMANATH MISRA VS. UNION OF INDIA [REFERRED TO]
STATE OF RAJASTHAN VS. BHAGIRATH SINGH [REFERRED TO]
BHAWANI SAHAI VS. STATE OF RAJASTHAN [REFERRED TO]
Abdul Ahad VS. The Inspector General of Police, U.P. Lucknow and others [REFERRED TO]

JUDGEMENT

(1.) THESE three writ petitions arise out of facts which are quite similar. They have been argued together by the learned counsel for the parties and I shall dispose them of by this judgment as suggested by them.

(2.) ALL the three petitioners were confirmed employees of the Union of India (respondent No 1) serving in the Northern Railway. They were going on 55, when they were served by three separate orders, each of which has been marked Ex. 1, giving, inter alia three months' notice of their retirement. The orders were issued by the Dvsnl. Personal Officer with the approval of Dvsnl. Supdt., Jodhpur. They were issued on different dates. In the case of Poonamchand, order Ex. 1 was issued on September 4, 1968, retiring him finally from December 15, 1968. It is not disputed that the order was served on him on October 1, 1969. There is, however, no dispute about the inadequacy of the notices given to Pukhraj and Kanwar Singh, so that it is not necessary to give dates. The petitioners have moved this court on a number of grounds which I shall have occasion to examine when I deal with the arguments of their learned counsel. It will be sufficient to say that although it was one of grievances of the petitioners that the notices were issued by an authority subordinate to that by which they were appointed, that ground has not been pressed for my consideration.

(3.) IT has next been argued that the rule violates the principles of natural justice because it does not provide for a show cause notice to the employee against his retirement even though he has a right to serve up to the age of 58 years under the rule. The argument has been supported by a reference to the decision in Col. J.N. Sinha vs. Union of India (15), State of Orissa vs. Dr. (Miss) Binapani Dei (16) and A.K. Kraipak vs. Union of India (17).

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POONAM CHAND JOSHI Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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