G B NESRIKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these three cases were Assistant or Deputy Post Masters which are class III posts under the Posts and Telegraphs Department. They have been asked to retire from service in exercise of the power under sub-rule (2) of Rule 2 of the Liberalised Pension Rules applicable to Central Government servants. At the time the notices of retirement were served upon them, they had completed 30 years of service in the department but were below the age of 55.

(2.) Various contentions have been raised to make out a case of infirmity or invalidity in the retirement notices impugned in these writ petitions and various answers have been suggested on behalf of the Department by their Counsel Mr. Ramachandra Rao. After a discussion of all the said contentions, it appears to us that the matter may be disposed of on only one ground, viz., whether the rule under which action to retire the petitioners has been taken is or is not invalid as being violative of Art.14 of the Constitution.

(3.) Sub-rule (2) of Rule 2 under which notices have been issued reads as follows: