AIR 1976 SUPREME COURT 2581 ::1976 LAB. I. C. 1713 ::1476 U J (S C) 950 ::1976 UJ (SC) 950 ::1976 4 SCC 709 ::1977 Serv L J 65 ::(1977) 1 Serv L R 234 ::1977 (1) SCR 1022 ::(1971) 1 S C W R 217

Supreme Court Of India

(From : AIR 1969 Manipur 67)

Hon'ble Judge(s): A. N. Ray, M. H. Beg, P. N. Shinghal , JJJ

Fundamental Rules (1965) , R.56— Government Decision No. 23 below Rule 56 providing for compulsory retirement without assigning reasons - Decision No. 23 substituted by Rule 56 (i) on 21-7-1965 providing for compulsory retirement in public interest - Notice of retirement served on 30-6-1966 under Decision No. 23 when Decision was not subsisting - Validity of order of retirement. Fundamental Rules (1965) , R.56(j)— Constitution of India , Art.309, Art.311— The Government Decision No. 23 below Fundamental Rule 56 came into force on 1-12-1962. Under Paragraph 6 of the Decision the appointing authority was empowered to require a Government servant to retire after he had attained the age of 55 years on three months notice without assigning any reason. The Decision No. 23 was substituted by new Rule 56 (i) on 21-7-1965 which provided that if the appropriate authority is of opinion that is in public interest to do so, he has the absolute right to retire any Government servant after he attained the age of 55 years with notice of not less than three months. The appellant was served with a notice dated 30-6-1966 that he was required to retire from Government service with effect from 1-10-66 in pursuance of Decision No. 23. The appellant contended that the order of retirement was void as it was expressly made under Decision No. 23 when this Decision was ....