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Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, Ar. Lakshmanan , JJJ

(A) Constitution of India , Art.235, Art.309— Rajasthan Service Rules (1951) , R.56— Rajasthan Civil Service (Pension) Rules (1997) , R.53— Judicial officers - Retirement age - Extension up to age of 60 years - Pre-retirement assessment of potentiality as per directions issued in All India Judge's case, 1993 AIR SCW 3195 : AIR 1993 SC 2493 - Whether necessary - Rr. 56 and 56-A of Rajasthan Service Rules substituted by State in furtherance of directions issued in All India Judges case - Rules in terms thereof fixed age of superannuation at 60 years - Rules coming into force on 31-3-1999 - Appellants judicial officers on date of enforcement of Rules had crossed age of 58 years - Their cases cannot be reviewed for adjudging their performance and potentiality - Order compulsorily retiring them before they attained age of 60 years - Are ultra vires of R. 56 as amended. Keeping in view the rigours, constraints and difficulties faced by the judicial officers in discharge of their duties in All India Judges' Association v. Union of India and others, AIR 1992 SC 165 : 1991 AIR SCW 2869, Court issued a direction to all the States and the Union Territories to the effect that the age of superannuation of the judicial officers be fixed at 60 years with effect from 31-12-1992. A large number of review @page-SC2890 petitions came to be filed a....