Ranganath Misra, J. - (1.) The petitioner of this application under Art. 32 of the Constitution is an engineer who was employed in the Central Public Works Department under the Ministry of Works and Housing in Government of India and was compulsorily retired by order dated 3-8-1976 with effect from 5-11-1976 made under Rule 56(j) of the Fundamental Rules. He has assailed that order for retirement and has claimed payment of remuneration which he would have been entitled to draw up to the normal date of superannuation.
(2.) The short facts are these. The petitioner was born on 10-2-1922 and secured his first appointment as a Section Officer-under the named employer on 22-10-1947. He was promoted as officiating Assistant Engineer in Class II service with effect from 25-5-1954. and came to be confirmed as Section Officer by an order dated 8-10-1955. On 3-7-1961, he was further promoted as officiating Executive Engineer in Class I service but on 4-9-1965. he was reverted to the post of Assistant Engineer in officiating position and was continuing in that post when he was compulsorily retired.
(3.) The vires of Rule 56(j) of the Fundamental Rules as also the power to compulsorily retire a public servant have been upheld by this Court and do not require to be re-examined. The basis of attack to the impugned order is as specified in Ground No. A and is to the following effect: "The impugned order is contrary to the judgment delivered by this Hon'ble Court on 26-2-1980, copy at Annexure-C hereto. (Union of India v. K. R. Tahiliani, (1980) 1 Serv LR 847). According to the said judgment F. R. 56(j)(i) has no application to officiating Government servants, hence can have no application to the petitioner since the petitioner was an officiating Government servant." The impugned notice ran thus:- "No. 32/452/66-EC. III Government of India Central Public Works Department New Delhi, the 3-8-76 O R D E R Whereas the Engineer- in-Chief is of opinion that it is in public interest to do so: Now, therefore, in exercise of the powers conferred by Cl. (j) of Rule 56 of the Fundamental Rules, the Engineer-in-Chief hereby gives notice to Shri A. L. Ahuja, Assistant Engineer (Civil), at present under suspension, that he, having already attained the age of fifty years on 10-2-1972, shall retire from service with effect from the forenoon of 3rd November, 1976, or, from the date of expiry of three months computed from the date of issue or the service of this notice on him. whichever is later. Sd/- (V. R. VAISH) ENGINEER-IN-CHIEF To, Shri A. L. Ahuja, Assistant Engineer (Civil), (Under Suspension), All/85, Lajpat Nagar, New Delhi- 110024.";