Venkataramiah, J. - (1.) The short question involved in this case is whether Para 620 of the Manual of Railway Pension Rules, 1950, (hereinafter referred to as the 'Railway Pension Manual') under which the competent authority is empowered to retire a railway employee before his normal date of retirement is for any reason void, ineffective or unconstitutional.
(2.) The respondent, R. Narasimhan, joined the southern Railway as a Ticket Collector in the year 1950 and on being promoted at different stages he was working as a Travelling Ticket Examiner on 14th of May, 1982 when he was compulsorily retired from service by the competent authority in the Railway Administration in exercise of his powers under Para 2(2) of the Railway Ministry's letter dated 8-7-1950 (incorporated as Para 620 of the Railway Pension Manual). The respondent was born on 23-9-1929 and if the order of retirement had not been passed, as stated above, he would have continued in service till he completed 58 years of age. Aggrieved by the order of retirement, the respondent filed a Writ Petition in the High Court of Madras in Writ Petition No. 4079 of 1982 questioning the validity of the said order and also of Para 620 of the Railway Pension Manual which empowered the Railway Administration to retire its employees on their completing 30 years of service. The Writ Petition was contested by the Railway Administration and ultimately it was dismissed by the learned single Judge of the High Court of Madras. Aggrieved by the judgment of the learned single Judge the respondent filed an appeal before the Division Bench of the High Court in Writ Appeal No. 367 of 1983. The Division Bench held that Para 620 of the Railway.Pension Manual whose validity had been impugned in the Writ appeal was void and ineffective and hence the order of retirement passed by the Railway Administration in exercise of the power conferred by the said para was liable to beset aside. Aggrieved by the judgment of the Division Bench, the Union of India and the Railway Administration have filed this appeal by special leave.
(3.) In order to appreciate the contentions of the parties, it is necessary to set out the relevant rules governing the retirement of railway employees. Rule 2046 of the Indian .Railway Establishment Code (hereinafter referred to as 'the Rules') deals with compulsory retirement of railway servants. The relevant part of the said rule reads thus: "2046 (F.R. 56). - (a) Except as otherwise provided in this rule, every railway servant shall retire on the day he attains the age of fifty-eight years. ********** (h) 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 giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice - (i) if he is in class I or Class II 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. (i) Any railway servant may by giving notice of not less than three Months in writing to the appointing authority retire from service after he has attained the age of fifty years if he is in Class I or Class 11 service of post and had entered Government service before attaining the age of thirty-five years, and in all other cases after he has attained the age of fifty-five years. ...................................................................................................... (k) Notwithstanding anything contained in clause (h) 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 a railway servant in Class III service or post who is not governed by any pension rules after he has completed thirty years' service by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice." Para 620 of the Railway Pension Manual reads thus: "620 (i). A Railway servant may retire from service at any time after completing 30 years' qualifying service, provided that he shall give in this behalf a notice in writing to the appropriate authority, at least three months before the date on which he wishes to retire. ********** (ii) The authority competent to remove the Railway servant from service may also require him to retire any time after he has completed 30 years' qualifying service provided that the authority shall give in this behalf, a notice in writing to the Railway servant, at least three months before the date on which he is required to retire or three months' pay and allowances in lieu of such notice.";