V.G.Oak, C.J. - (1.) The question for consideration in this Special Appeal is whether the order passed by the State Government compulsorily retiring respondent No. I is valid or not. H.C. Kaushal Joined service as an Assistant Engineer in the Irrigation Department in the year 1910. In November, 1969 he was promoted as Additional Chief Engineer. On 1-6-1970 the State Government passed an order retiring him compulsorily. This order dated 1-6-1970 was challenged by H. C. Kaushal by filing a writ petition. The writ petition has been allowed by a Single judge of this Court. He has quashed the order, dated, 1-6-1970. The State of Uttar Pradesh has filed this Special Appeal against the decision of the learned Single Judge.
(2.) Annexure B to the writ petition is a copy of the impugned order dated 1-6-1970. The order was passed under paragraph 465 of the Civil Service Regulations. It was urged for the petitioner that no such action under paragraph 465, Civil Service Regulations was permissible in view of a similar provision under the U.P. Fundamental Rule 56 (Amendment and Validation) Act, 1970.
(3.) It was stated in Annexure B that the petitioner had completed 25 years of service. Paragraph 465 of Civil Service Regulations provides for compulsory retirement of a Government servant, who has completed 25 years' service. A somewhat similar provision is to be round in the Amendment and Validation Act, 1970. The provision in the Act provides for compulsory retirement of a Government servant upon his completing 55 years. It was urged that, in view of this provision in the Act, the corresponding provision in paragraph 465 of Civil Service Regulations is inoperative.;