- (1.) Delay condoned. Leave granted.
(2.) The respondent was a Land Acquisition Officer. He was compulsorily retired in public interest w.e.f. 30-11-1987 under Rule 71(a) of the Orissa Service Code, by State Govt. Notification dated 30-10-1987, the material part of which is as under:- "In exercise of the powers conferred by subrule (a) of Rule 71 of the Orissa Service Code, the State Government do hereby retire Shri Bala Krushna Satapathy, a member of the O.A.S. Class-II at present Land Acquisition Officer. Phulbani, who has completed the age of fifty years in public interest with effect from 30-11-87. He shall be paid three months pay and allowances in lieu of three months' notice." By Order of the Governor, B. C. Patnaik, Secretary to Government."
(3.) Pursuant to the above Notification, the Office of the Collector, Phulbani, sent a letter dated 28-11-1987 to the respondent, as under:- "Government in Revenue Department in their notification No. 2079-R dated 30-11-87 have retired you from Government service with effect from 30-11-87. The notification has been served upon you. You are requested to receive the 3 months advance pay as sanctioned by the Government on account of compulsory retirement, from the Nisarat Office, Collectorate, Phulbani." ;