- (1.) THIS appeal is directed against the judgment of a learned single judge dated June 24, 1988, whereby the writ petition was allowed and the order of compulsory retirement dated February 3, 1986 was set aside, and the writ petitioner was directed to be treated as on duty for the entire period and he was to be paid all service benefits, including the monetary benefits, within two weeks from the date of communication of the order.
(2.) FACTS stated in the writ petition are as follows:-The writ petitioner joined the service under Central Warehousing corporation (hereinafter referred to as the respondent Corporation) on or about April 1, 1960 and was in employment till February 3, 1986, when the services of the writ petitioner was sought to be terminated by reason of the order of premature retirement. The service condition of the employees of the respondent corporation, at the time when the writ petitioner was superannuated, were governed and guided by the Central Warehousing Corporation (Staff) Regulation, 1966 and thereafter with effect from February 28, L985, were governed and guided by the Central Warehousing Corporation (staff) Regulation, 1986. The Rules relating to the matter superannuation as specified in Regulation 11 of Staff Regulation 1966 and Regulation 21 of the Staff Regulation,
(3.) 986 are as follows :- "central Warehousing Corporation (Staff) Regulation ,1966. 11. Superannuation, Extension of service and Invalidation. 1) Every employee shall retire on attaining the age of fifty year. Provided that the Board of Directors may, if satisfied that the interests of the corporation so require and in consideration of the outstanding nature of the work done by he employee extend by order in writing, the period of service of any employee beyond the age of superannuation for any period not exceeding two years in the aggregate. 2) Nothing in this regulation shall be deemed to effect the powers of the corporation to extend any period of service of an employee beyond the age of fifty years in exceptional cases, or to employ on contract any person above the age of fifty eight years of the interests, of the Corporation so require. 3) Notwithstanding anything contained in Sub-regulations (1) and (2), an employee shall in invalidation, by the appropriate medical authority specified in regulation 8 cease to be in service on account of complete and permanent incapaciation determined in accordance with the relevant rules of the Central Government in force from time to time. 4) Notwithstanding anything contained in Sub-regulations (1) and (2) the appropriate authority shall "if it is of the opinion that it is in the interest of the corporation so to do, have the absolute right to are an employee belonging to group "a" Group "b" Group "c" and Group "d" after he has notice of not less than three months in writing or three months pay and allowances in lieu of such notice. Central Warehousing Corporation (Staff) Regulation 1980 21. Superannuation and Retirement i) Every employee appointed to the service of the Corporation shall retire on the last day of the month in which he/she attains the age of 58 years. Provided that an employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of 58 years. ii) Notwithstanding anything contained in Clause (i) above the appointing authority shall, if it is of the opinion that it is in the interest of the Corporation to do so, have the absolute right to retire a Group "a" B, C and D employee if he has attained the age of 50 years by giving him a notice of not less than three clear months in writing or three months pay and allowance in lieu of such notice. Provided that an employee belonging to the above Groups may, by giving a notice of not less than three clear months in writing to the appointing authority, voluntarily retire from attained the age of 50 years. Explanation : 1. Notice given under Sub-regulation (ii) shall require acceptance by the appointing authority provided that in the absent of any refusal of permission for voluntary retirement the same shall become effective from the date of the expiry of the period of notice Explanation: 2. An employee who has elected to voluntarily retire and has given a notice under sub-regulation (ii) shall be precluded from withdrawing his notice except with the specific approval of the appointing authority (iii) Nothing contained in clauses (i) and (ii) above shall effect the right of the competent authority to retire an employee with due notice or pay in lieu thereof on his being certified by a Medical Examiner to be nominated for the purpose by such authority as being incapacitated for a further period of continuous service due to his continued illness or accident. (iv) An employee may be permitted to retire on his own request on the appointing authority being satisfied that such an employee is incapacitated for a further period of continuous service due to his continued illness or accident. ";