- (1.) - These appeals on special leave are against the judgment and order passed by the High Court of Sikkim on 4th December, 1985 allowing the writ petitions and quashing the impugned order of compulsory retirement. The short facts of the case are as follows: The respondents are the employees in the Sikkim Nationalised Transport. On 26th March, 1985 a report was submitted by the Committee of Secretaries, Sikkim Nationalised Transport New Establishment Depart merit recommending compulsory retirement of the respondents. The reasons that weighed with this Committee have been stated in detail in paragraph 3 of the Special Leave Petition at page 24. It is to the following effect : "The Minister constituted a Committee with the Secretary, Nationalised Transport Department and the Secretary, Establishment Department and reviewed the cases of following four employees who are in key positions in the Nationalised Transport Department, they are S/ Sh 1) Smt. Tshering Dolma, Deputy General Manager 2) Sonam Lama, Joint General Manager 3) Tempo Rapgyal, Superintendent of theTransport, and 4) H. N. Pradhan The Committee reviewed the working of the nationalised transport and suggested that better qualified persons have to be entrusted with the duties and responsibilities of the above four officers and recommended compulsory retirement of the above four officers by their report dated 26-3-1985. The Minister for Transport agreed with the recommendations of the Committee and ordered compulsory retirement of the above four officers and submitted the proposals to the Chief Minister. The Chief' Minister after going through the report of the Committee agreed with the proposals of the Department. Thereafter, the Government passed orders dated 11-4-1985 which is as follows:- " Whereas the Government is of the opinion that it is in the public interest to do so." Now, therefore, in exercise of the powers conferred by R. 99(1) contained in Chapter 12 of Sikkim Government Service Rules, 1974 the Governor hereby gives notice to Shri Sonam Lama, Joint General Manager (Operation) that he having already attained the age of 50 years on 5-1-1978 shall retire from service with effect from the afternoon of 30-41985. He shall be entitled to salary for three months in lieu of three months notice by order signed by L. B. Rai, Joint Secretary, Government of Sikkim, Establishment Department."
(2.) The respondents being aggrieved filed three writ petitions bearing Nos. 26, 27 and 28 of 1985 challenging the validity of the impugned order. The High Court on hearing the parties arrived at the finding that there has been a violation of the principles of natural justice and also held that the impugned order was made not in public interest as well as by non-observance of the provisions of Article 21 of the Constitution. So, the High Court quashed the order of compulsory retirement and allowed the writ petitions.
(3.) Against this judgment and order the instant appeals on special leave are preferred before this court.;