- (1.) Two government servants have been retired from service in exercise of the powers vested in the Central Government by Rule 56 (j) (i) of the Fundamental Rules. They have successfully challenged compulsory retirement by petitions under Article 226 of the Constitution and the Union of India has come up in appeal to this Court by special leave. The sole question to be decided is whether a government servant officiating in a Class I or Class II service or post can be retired compulsorily by exercising the power under Rule 56 (j) (i) after he has attained the age of 50 years.
(2.) The biographical details of these two officials in government service need not detain us because the facts are admitted and the only point at issue is whether Rule 56 (j) (i) will apply to government servant who is only officiating in a Class I or Class II post or service. We agree with the High Court that on a correct interpretation of that Rule, an officiating hand will not be caught in the claws of the compulsory retirement provision. The reasons may briefly be stated by us now although these have been elaborately set out by the High Court (in the Delhi case).
(3.) We may extract the relevant part of the Rule at this stage : "56. (j) Notwithstanding anything contained in this rule the appropriate authority shall, if it is of the opinion that it is in public interest to do so have the absolute right to retire any Government servant by giving him notice of not less than, three months in writing or three months' pay and allowances in lieu of such notice. (i) If he is in Class I or Class II service or post and had entered Government Service before attaining the age of thirty five years after he has attained the age of fifty years".;