2003 LAB. I. C. 2065 ::(2002) 3 CurLR 610 ::(2003) 1 ServLJ 288 ::(2002) 6 Bom CR 766 ::(2003) 1 SCT 429 ::2002 Bom LR 3 942

Bombay High Court

Hon'ble Judge(s): V. C. Daga, P. V. Hardas , JJ

(A) Constitution of India , Art.309— Maharashtra Civil Services (Pension) Rules (1982) , R.10(4)(a)(i)— Compulsory retirement -Gazetted Govt. servant - Exercise of powers of compulsory retirement depends on initial age of entry in Govt. services i.e. entry should be before attaching age of 35 years - It is nowhere required that initial entry should be on gazetted post for exercise of said powers - Petitioners at time of retirement was holding post of Translator which was equated with post of senior Translator/Superintendent - Classified as Class II Gazetted post - Order compulsorily retiring petitioner or his attaching age of 50 years - Proper. Under Rule 10(4)(a)(i) of the Maharashtra Civil Services (Pension) Rules 1982 the appropriate authority has the absolute right to retire if it is of opinion that it is in public interest to do so by giving notice of three months or three months pay and allowance in lieu of such notice, any gazetted Government servant, if he has entered the Government service before, attaining the age of 35. The right to retire a Government servant can be exercised after he has attained the age of 50 years. @page-LabIC2066 Rule 10(4)(a)(i) does not contemplate that the initial appointment of a person in Government service should be on a gazetted post. In other words in order to invoke the right to retire a....