KESHAV PARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a special appeal under sec. 18 of the Rajas-than High Court Ordinance, 1949, against the order dated April 21, 1970 by a learned Single Judge of this Court whereby the learned Judge allowed the petitioner's writ petition No. 159 of 1967, in part, and directed that the order of compulsory retirement of the petitioner shall take effect from the date of the order by the Central Government dated February 28, 1967 (Ex. 7), but disallowed the other reliefs. The State has not filed appeal from the order of the learned Single Judge but aggrieved by the order of the learned Judge the petitioner has preferred this appeal.

(2.) THE only point for decision in this appeal is whether the order of compulsory retirement of the petitioner by the Government of India dated February 28, 1967 (Ex. 7) is correct. Before we proceed to deal with the appeal on the merits, we have to decide a preliminary objection raised by Mr. D. S. Shishodia, Government Advocate for the State of Rajasthan, that the appeal has abated and must be dismissed as such as the appellant Keshavpuri expired during the pendency of this appeal and his legal representatives are not entitled to continue it.

(3.) AS already stated above, the last ground, i. e. ground No. (iii) was accepted by the learned Single Judge and the writ petition was partially allowed.