GURMUKH SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner, who was an Executive Engineer in the Public Works Department (Buildings and Roads) of the State of Rajasthan and was retired under Rule 244 (2) of the Rajasthan Service Rules on his attaining the age of 55 years, is seeking to challenge the order of his compulsory retirement under that rule.

(2.) IT is conceded by learned Counsel for the petitioner that he does not challenge his client's retirement on the basis of any contravention of Article 311 of the Constitution.

(3.) THE only ground of attack which the learned Counsel for the petitioner has strenuously urged before us is that Rule 244 (4) of the Rajasthan Service Rules is hit by Article 14 of the Constitution in that it places unguided discretion in the hands of the Government. The learned Counsel being aware of the view taken by the Supreme Court in a series of cases, such as, Shyam Lal v. State of Uttar Pradesh and Anr. 1954-II L. L. J. 139; State of Bombay v. Saubhag Chand M. Doshi; and Motiram Deka v. North-east Frontier Railway 1964-II L. L. J. 467, submitted that all those cases were distinguishable on the ground that the rule about compulsory retirement that fell for consideration in such cases laid down that compulsory retirement could be ordered on the ground of public interest. This, according to the learned Counsel, distinguishes those oases from the present case. Rule 244 runs as under; 244. Optional retirement after completion of thirty years of service.- (1) A Government servant may, after giving at least three months' previous notice in writing to the Government, retire from the service on the date on which he completes thirty years of qualifying service or attains the age of 55 years or on any date thereafter to be specified in the notice: Provided that a Government servant of class IV can seek retirement only if he has completed thirty years of qualifying service. (2) Compulsory retirement after completion of twenty-five years' service.-The Government may, after giving him at least three months' previous notice in writing require a Government servant to retire from the service on the date on which he completes twenty-five years of qualifying service or attains the age of 55 years or on any date thereafter to be specified in the notice: Provided that a Government servant of class IV can only be required to retire on the date on which he completes twenty-five years of qualifying service or any date thereafter. It occurs in Section 5 of the Rajasthan Service Rules which is headed as " Retiring pension. " Rule 244 is in two parts. The first part states when a Government servant may retire at his option so that he may be entitled to retirement benefits. Sub-section (2) lays down as to when the Government may order the compulsory retirement of a Government servant. This rule applies to all Government servants equally and each one of them is subjected to the liability of being retired under that rule. Learned Counsel strongly relied on the observations of Das Gupta, J. , In Moti Ram Deka case 1964-II L. L. J. 467 (vide supra ). In dealing with the rules 148 (3) and 149 (3) of the Railway Establishments Code the learned Judge observed as follows: Rules 148 (3) and 149 (3) do not lay down any principle or policy for guiding the exercise of discretion by the authority who will terminate the service in the matter of selection or classification. Arbitrary and uncontrolled power is left in the authority to select at its will any person against whom action will be taken. The rules thus enable the authority concerned to discriminate between two railway servants to both of whom the rules equally applied by taking action in one case and not taking it in the other. In the absence of any guiding principle in the exercise of the discretion by the authority the rules have therefore to be struck down as contravening the requirements of Article 14 of the Constitution.