- (1.) This appeal is at the instance of the Union of India and some officers of the Eastern Railway Administration and it is directed against the judgment of M.N. Roy J. whereby the Rule obtained by the Respondent on his application under Article 226 of the Constitution was made absolute.
(2.) The only question involved in this appeal is whether the Respondent, an Inspector of the Railway Protection Force, Coaching Post, Sealdah, under the Eastern Railway Administration, has been lawfully retired from service in accordance with Rule 620(h) of the Manual of Railway Pension Rules, 1950. Rule 620 reads as follows: 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. Note.--In the case of a Railway servant under suspension, the exercise of the right to retire on a retiring pension on completion of 30 years' qualifying service shall be subject to the prior approval of the authority with powers to make substantive appointment to the post or service from which the Railway servant seeks retirement. (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. Note.--Both in the cases falling under sub-para (i) or (ii) above orders permitting/requiring a Railway servant to retire after completing 30 years qualifying service should as a rule not be issued until after the fact that the Railway servant has indeed completed qualifying service for 30 years has been verified in consultation with the Accounts Officer. (iii) A retiring pension shall be granted to a Railway servant who retires under sub-para (i) or is required to retire under sub-para (ii). On July 19, 1976, the Chief Security Officer passed the following order: Eastern Railway No. SC.30/27-E/Con Calcutta, the 19th July, 1976 Order Whereas the Chief Security Officer is of the opinion that it is in the public interest to do so; Now, therefore, in exercise of the powers conferred by Pension Rules, the Chief Security Officer hereby gives notice to Shri Narendra Nath Bose, Inspector/RPF/CS/Sealdah that he on completing thirty years of qualifying service on the 6th April, 1976, (AN) shall retire from service with effect from the afternoon of 31.7.76 and directs that Shri Narendra Nath Bose, IPF shall be paid a sum equivalent to the amount of pay and allowances for three months (in lieu of the period of notice) included at the same rate at which he will be drawing them immediately before the date of retirement as specified hereinbefore. Sd/- R.B. Singh, Chief Security Officer, Eastern Railway Calcutta. 19/7/76
(3.) The said order was served on the Respondent on July 31, 1976, at 5-30 p.m. On August 2, 1976, the Respondent moved a writ petition challenging the legality of the said order and obtained a Rule and an interim injunction. It was, inter alia, contended by the Respondent that as no payment of his pay and allowances was made or tendered to him simultaneously with the service of the said order as contemplated by Rule 620(ii), it was illegal, inoperative and void. The learned Judge accepted the contention of the Respondent and quashed the said order and directed the Appellants not to give effect to the same or to act on the basis thereof. The learned Judge, however, granted liberty to the Appellants to take any fresh action against the Respondent in accordance with law.;