- (1.) Leave granted.
(2.) The only relevant question for decision is whether the appellant is entitled to the benefit of proviso to Rule 1802 of the Railway Establishment Code. This court on 24/4/1995 passed the following order: "Issue Notice. Limited to the question as to why the proviso to Rule 1802 should not be applied to the petitioner, namely. Gyan Chand while he is continuing in officiating Group 'b' post, if the authority intends to take action for retiring the officer in public interest, he would be entitled to be informed and if opted for reverted to the substantive Group 'c' post. In this case, the said action has not been done. Therefore the respondents are at liberty to show cause why the proviso should not be applied to the petitioner and direction be given to make the order in terms thereof. "
(3.) Pursuant thereto, the counter-affidavit has been filed by the respondents. Therein, the Rule has been extracted which states thus: "Notwithstanding anything contained in this Rule, the appointing authority shall, if it is of the opinion that it is in the public interest to do so, have the absolute right to retire any Railway servant by giving him notice of not less than 3 months in writing or 3 months' pay and allowances in lieu of such notice- (I) if he is in Group 'a' service or post or in a Group 'c' service or post in a substantive capacity but officiating in a Group 'a' or Group 'b' 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. (Ii) in any other case, after he has attained the age of fifty-five years: Provided that a Railway servant who is in Group 'c' post or service in a substantive capacity, but is holding a Group 'a' or 'b' post or service in an officiating capacity shall, in case it is decided to retire him from the Group 'a' or Group 'b' post of service in the public interest, be allowed on his request in writing, to continue in service in the Group 'c' post or service which he holds in a substantive capacity. ";