Mitter, J. - (1.) This is an appeal from a judgment of the High Court of Orissa rejecting a Writ Petition filed by the appellant for quashing the order of the Government passed on him on July 14, 1964 informing him that he was to retire from Government service on 1st January,1965 when he would reach the age of 55 years.
(2.) The facts are shortly as follows. The appellant who was born on January 1, 1910 entered the service of the former Indian State of Mayurbhanj in Orissa as an engineer on 1st November, 1937. He was in the employment of that State up to December 31, 1948. On the merger of that State with the Province of Orissa on January 1, 1949 he became an officer of the said Province. The age of superannuation of Government employees in Orissa was then 55 years. On May 31, 1963 the Government of Orissa passed a resolution the relevant portion whereof ran as follows:" 1. The question of raising the age of compulsory retirement of the State Government employees has been under the consideration of Government for sometime past............. 2. After careful consideration, Government have now decided that the age of compulsory retirement for the State Government employees should be raised from 55 years to 58 years with effect from 1-12-1962. 3. Notwithstanding anything contained in the preceding paragraph, the appointing authority may require a Government servant to retire after he attains the age of 55 years on three months' previous notice in writing without assining any reason. The Government servants also may after attaining the age of 55 years, voluntarily retire by giving three months notice to the appointing authority. The powers to retire a Government servant under this provision will normally be exercised to weed out unsuitable employees after they have attained the age of 55 years. 4. This provision will be in addition to the provisions already contained in Rule 2 in Section 1 of the Liberalised Pension Rules issued with the Finance Department Resolution ............... according to which: (a) the Government may require an officer to retire any time after he has completed 30 years qualifying service by giving him a notice in writing at least three months before the date on which he is required to retire, and (b) Government servant may retire from service any time after completing 30 years qualifying service by giving a notice in writing to the appropriate authority at least three months before the date on which he wishes to retire." On February 6, 1964 a notification was issued by the Government of Orissa in connection with the above laying down the criteria and procedure to be adopted to ensure uniformity of operation of the rule mentioned in paragraph 3 of the above resolution and also equitable treatment in all cases. Speaking broadly, the idea behind the notification was that (1) the service record of an officer was to be scrutinised six months before he was due to attain the age of fifty five years, (2) in any case where Government had reasonable cause to believe that he lacked in integrity it would be appropriate to determine upon his retirement. (3) where an officer's integrity was not in doubt but his physical or mental condition was such as to make him inefficient for further service the same result would follow, and (4) an officer whose performance was considered as below "average" should not be allowed to work after the age of 55.
(3.) On July 14, 1964 the appellant was asked to retire from Government service in 1st January, 1965. His representation for reconsideration was not accepted. He filed a Writ Petition in the High Court on December 21, 1964. This was rejected by the High Court on September 19, 1966. The appellant has come up by certificate to this Court.;