- (1.) THIS writ petition by P. N. Shukla, challenges the orders passed by the Senior Divisional Safety Officer, N.E.R., Lucknow dated 2-1-1990, compulsory retir­ing the petitioner from service and also the order passed by the Central Administrative Tribunal dated 7-1-1993, by means of which, the original' application preferred by him was dismissed and also the order dated 1-5-2000, passed on the review petition by the Central ON Administrative Tribunal.
(2.) THE petitioner was appointed on the post of Assistant Station Master on 13-6-1958. He g was promoted to the post of Station Master in the year 1982. He was compulsory retired vide order dated 2-1-1990, having put in more I than 30 years of service he was treated to be in the field of mischief for being considered § for compulsory retirement. The order of com- pulsory retirement mentions that it is being passed under sub-clause (k) of Rule 2046 of-u Indian Railway Establishment Code. Sri Abdul Moin, learned counsel for the petitioner assailing the aforesaid order sub­mitted that the petitioner since was governed by the pension rules, he could not have been retired compulsorily, as no such rule existed at that time. The order of compulsory retire­ment shows that the petitioner was retired under Clause-(k) of Rule 2046 of the Indian Railway Establishment Code.
(3.) RULE 2046 (k) says as under: "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 rule 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." ;