SUNDER LAL VASUDEVA Vs. STATE OF PUNJAB
LAWS(P&H)-1957-2-16
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 01,1957

PT. SUNDER LAL VASUDEVA Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) THIS is a petition under Article 226 of the Constitution filed by one Sunder Lal vasudeva who was employed in the Public Works Department, Engineering branch, of the Punjab Government. He was appointed as candidate Zilladar in 1939 and was confirmed in his post on 1-10-1943. On 22-9-1935 ho was recommended for promotion to the post of the Deputy Collector and on 10-4-1956 he was ordered to be comcuisorily retired. The retirement was ordered by the Governor In terms of a letter issued fay the chief Secretary to the Punjab Government to all Heads of Departments (Punjab government letter No. 8562-G-55/16922, dated 29-6-1955 ). This letter, a copy of which has been placed on the record, informed all Heads of Departments that it had been decided to amend Rule 5. 32 of the Punjab Civil Services Rules, Volume II. "so as to enable Government to examine the record of a Government servant, first on completion of ten years qualifying service, then at the completion of fifteen years' qualifying service and thereafter at any time with the object of retiring an unsuitable Government servant compulsorily from service". The letter concluded by saying that necessary amendment to Rule 5. 32 of the punjab Civil Services Rules, Volume II, would issue in due course.
(2.) THE contention of the petitioner in the present case is that the order of compulsory retirement was wholly illegal, because it was not in accordance with any rule properly framed and issued under the provisions of Article 309 of the constitution, and it is contended that the letter relied upon was without authority and in any event did not constitute a fresh rule or an amendment of the old rule.
(3.) THE short point before me, therefore, is whether the compulsory retirement of the petitioner before the normal age of retirement, was in the present case ordered in a lawful manner.;


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