A.M. Bhattacharjee, A.C.J. - (1.) The three petitioners in these three 'Writ Petitions' being No. 26, No. 27 and No. 2,8 of 1985, having been served with orders of compulsory retirement, all dated 11-4-1985 and to take effect from 30-4-1985, have filed these three writ petitions challenging the said orders and on interlocutory applications made by them before the last mentioned date, the operation of those orders were stayed by ad interim orders and thereafter by final order dated 30-5-1985. All the three cases, involving common questions of law and facts are disposed of by this common judgment.
(2.) The impugned orders of compulsory retirement have been passed in exercise of the powers vested under R. 99 of the Sikkim Government Service Rules 1974. R. 99(1) provides as hereunder:- 99(1). Notwithstanding the provision of Rule 98, the Government, except where Rule 101 may apply shall have the exclusive right to retire any Government Servant who has attained the age of 50 years or has rendered not less than 25 years of service, if it is of the opinion that it is in the public interest so to do, by giving him not less than three month's notice or three month's salary in lieu of such notice."
(3.) The provisions of R. 98 and of R. 101, to which reference has been made in R. 99( 1), quoted above, are as hereunder:- "98. The date of retirement on superannuation of any Government Servant in the regular service shall be the date on which he attains the age of 58 years. The Government retains the right to change the prescribed age of retirement." "101. A Government Servant placed under suspension shall not be permitted to retire from service until the inquiry into the charge against him is concluded and the final order is passed by the Government.";