Jaswant Singh, J. - (1.) The question that arises for decision in this appeal by certificate granted by the High Court of Punjab and Haryana against its judgment and order dated February 20, 1970 in L. P. A. No. 552 of 1968 is whether under Rule 5.32 (c) of the Punjab Civil Service Rules, Vol. II, the Government can retire an employee on or after he attains the age of 55 years by giving him three months' salary and allowances in lieu of three months' notice.
(2.) The facts giving rise to the appeal lie in a short compass and may be stated thus:
(3.) Before the partition of the country, the appellant joined the Veterinary Department of the Punjab Government as an Assistant Surgeon on December, 1, 1933. In course of time, he was appointed as Director of Animal Husbandry and Warden of Fisheries which post he held from March 16, 1957, to August 14, 1959, when Shri Pritam Singh Brar was appointed Director in his place. On Shri Pritam Singh Brar's attaining the age of superannuation, the appellant was again appointed as Director, Animal Husbandry. on regular basis on August 4, 1965, On September 2, 1967, the appellant was served with the following order:- "The Governor of Punjab is pleased to retire Shri Mohan Singh Malhi, P .V. S. I. Director, Animal Husbandry, Punjab, Chandigarh with effect from the date of communication to him of this order on payment of three months salary and allowances in lieu of notice required by Rule 5.32(c) of the Punjab Civil Service Rules, Volume II. "2. Shri Harbhajan Singh Saini, Technical Expert Poultry is hereby directed to relieve Shri Mohan Singh Malhi. S. S. Grewal, Chandigarh, Secretary to Government of Punjab, Dated the 2nd Sept. 67 Animal Husbandry Department. "No. 3840/AH(I)-67/6213 Chandigarh dated 2nd Spet. 67, A copy is forwarded to Shri Mohan Singh Malhi, P. V. S. I.";