K.C. Agrawal, J. - (1.) This special appeal is directed against the judgment dated 17th of September, 1975 of a learned Singh Judge, allowing the writ petition of the respondent No. 1, filed against the order retiring him from service. The circumstances giving rise to this petition are these : Swami Saran Saxena, the petitioner, was appointed as a temporary Judicial Officer by the Government of Uttar Pradesh by an order dated November 23, 1964. The petitioner's services were terminated by the State Government in December, 1962. Consequent upon his representation, the termination order was withdrawn on January 16, 1963. He thereafter joined the service and resumed his duties. But this could not last, long, as his services were again terminated by the State Government by an order dated May 18, 1966. Thereupon he challenged the order in this court by a writ petition. It was dismissed by a learned Single Judge, but on appeal the judgment was reversed and this order of termination was quashed. Holding that the order of termination amounted to the petitioner's removal, this court found that having been passed without complying with Article 311, it could not be sustained. He was then again reinstated on October 28, 1969. Before he could be confirmed, the State Government served the petitioner with an order dated September 20. 1974, retiring him compulsorily from service. By the writ petition, giving rise to this appeal, the aforesaid order was challenged by the petitioner on a number of grounds inter alia that Regulation 465-A of the Civil Service Regulations, having not authorised the State Government to retire a temporary Government servant, the impugned order is in excess of the authority and thus being without jurisdiction is liable to be quashed. The order dated September 20, 1974 by which the petitioner's services were terminated runs as under : "In exercise of the powers mentioned in Note I to Article 465-A of the Civil Service Regulations and all powers enabling in that behalf, the Governor, on being satisfied that it is not in public interest to retain Swami Saran Saxena, temporary Judicial Officer, Kanpur, in service, is pleased to require the said Swami Saran Saxena to retire from service with immediate effect and that he would be paid one month's pay in lieu of notice."
(2.) Before dealing with the points involved in this case, we wish to mention that Judicial Officers were previously under the control of the State Government, but by the notification issued on September 30, 1967 the control has been taken over by the High Court. As a result thereof the State Government now has to act in matters of dismissal, removal, termination and revision in consultation with the High Court.
(3.) Reverting to the grounds of challenge, the main question is whether the petitioner, a temporary Government servant, who did not hold substantive appointment, could be retired by the Government in exercise of power conferred by Article 465-A or Article 465 of the Civi1 Service Regulations. Regulations 465 and 465-A, as adopted and applicable in the State of Uttar Pradesh, have been amended and substituted by a Notification No. Samanya 3-1932 X.915-73 dated November 1, 1973. Admittedly, the Petitioner is governed by the amended regulations, we would, therefore, prefer to quote the aforesaid Articles for the convenience of reference : "465 (1). A retiring pension is granted to Government servant who is permitted to retire after completing qualifying service for 25 years or on attaining the age of 50 years. (2) A retiring pension is also granted a Government servant who is required by Government to retire after attaining the age of 50 years. Note- (1) Government may at any time, without assigning any reason, require any Government servant to retire on three month's notice or pay in lieu of the whole or part thereof, after he has attained the age of 50 years, and no claim to special compensation on this account shall be entertained. Such decision shall be taken by the Government in the Ad ministrative Department if it appears to it to be in the public interest. In the case of pay being given in lieu of the whole or part of such notice, the said period shall stand added to the Government servant's qualifying service for the purposes of calculating the pension and the death-cum-retirement gratuity due to him and for no other purpose. Note. (2) The Inspector General of Pace, Uttar Pradesh, may exercise the power vested in the Government in respect of compulsory retirement of Constables and Head Constables subject to the condition laid down in Note 1. Note. (2-A) Government may delegate its power under Note 1 to any officer or authority not lower than the authority by which he Government servant concerned was appointed. Where the power is so delegated, Government may, from time to time, issue executive instructions indicating guiding principles in that behalf, but nothing contained in Note 1 or in this Note shall be construed to require any recital, in the order, of such decision having been taken in the public interest or to require the publication of such instructions. Note. (3) A Government servant who has elected to retire under this Article and has given necessary information to that effect to the competent, authority, shall be precluded from withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment and unless his request for withdrawal is made within the intended date of his retirement. Note. (4) A continuos temporary or officiating service under the Government, followed with interruption by confirmation in the same or any other post, other than temporary or officiating service, in a non-pensionable establishment or service in a work-charged establishment or service in a post paid from contingencies, shall be taken into account in computing qualifying service for the purposes of this Article. 465-A. For officers mentioned in Article 349-A the rule for the grant of retiring pension is as follows : (1) An officer is entitled, on his resignation being accepted, to a retiring pension after completing qualifying service of not less than 25 years, or on attaining the age of 50 years. (2) A retiring pension is also granted to an officer who is required by Government to retire after attaining the age of 50 years. Note. (1) Government may at any time, without assigning any reason, require any officer to retire on three months' notice or pay in lieu of the whole or part thereof after he has attained the age of 50 years, and no claim to special compensation on this account shall be entertained. Such decision shall be taken by the Government in the Administrative Department, if it appears to it to be in the public interest. In the case of pay being given in lieu of the whole or part of such notice, the said period shall stand added to the officer's qualifying service for the purposes of calculating the pension and the death-cum-retirement gratuity due to him and for no other purpose. Note. (2) Deleted; Note. (2)(A) Government may delegate its power under Note 1 to any officer or authority not lower than the authority by which the officer concerned was appointed. Where the power is so delegated, Government may from time to time issue executive instructions indicating guiding principles in that behalf, but Nothing contained in Note 1 or in this Note shall he construed to require any recital, in the order, of such decision haying been taken in the public interest to require the publication of such instruction. Note. (3) An officer who has elected to retire under this Article and has given necessary information to that effect to the competent authority, shall be precluded from withdrawing his election subsequently except with the specific approval of the authority competent to fill the appointment and unless his request for withdrawal is made within the intended date of his retirement. Note. (4) A continuous temporary or officiating service under the Govern. meat followed without interruption by confirmation in the same or any other post, other than temporary or officiating service in a non-pensionable establishment or service in a work-charged establishment or service in a post paid from contingencies, shall be taken into account in computing qualifying service for purposes of this Article.";