- (1.) C.A. No. 137/1999. The respondent herein Brij Mohan Gupta was born on 2nd July, 1939. He was directly appointed from the Bar as a Judge of City Civil and Sessions Court, Bombay (Maharashtra Higher Judicial Service). He assumed charge on 4th November, 1988. In normal course, the respondent would have completed 10 years of service on 4th November, 1998. He would have attained the age of 58 years on 2nd July, 1997 and the age of 60 years on 2nd July, 1999.
(2.) The High Court of Bombay, in view of the decision of this Court in All India Judges Association and others vs. Union of India and others, (1993) 4 SCC 288 (hereinafter referred to as "Judges Case-II"), appointed a Committee to review the case of the respondent for giving him the benefit of continuity in service till the age of 60 years. The Committee made an adverse report against the respondent and recommended that he may be made to retire on attaining the age of 58 years. The High Court, in view of the recommendation of the Committee, issued an order on 30th July, 1997 retiring the respondent from service w.e.f. 31st July, 1997. Aggrieved, the respondent filed a petition under Art. 226 of the Constitution before the Bombay High Court.
(3.) The case of the respondent before the High Court was that under Rule 10(3)(c) of the Maharashtra Civil Services (Pension) Rules, 1982, he was entitled to continue till completion of 10 years qualifying service which was necessary to entitle him to get the benefit of Rule 53 of the Rules. The High Court accepted the said argument and held that the respondent would be entitled to continue in service until 4th November, 1998 on which date he would have completed 10 years in service and as a result the respondent would be liable to retire from service when he actually would complete 59 years, 4 months and 2 days. In that view of the matter, the writ petition was allowed and the impugned order stood modified.;