T G SHIVACHARANA SINGH C I RAJOO NAIDU V SANJEEVAIAH G SRINIVASA RAO MOHAMED HAFEEZ KHAN H GOPINATH RAO E H MANOHAR SINGH M U LAXMAN B MOHAMMAD ASADULLAH K R SESHADRI IYENGAR K M A BAVOOF KHAN KUMMAJI RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is a group of 12 petitions filed under Art. 32 of the Constitution, seeking to challenge the validity of note 1 to Rule 285 of the Mysore Civil Services Rules, 1958 (hereinafter called the 'Rules') framed by the Governor of Mysore in exercise of his powers under the proviso to Art. 309 of the Constitution. Though the facts in all these petitions are not exactly the same, the points raised by them are common, and so, we would mention the facts in W. P. No. 194 of 1963 and deal with that petition on the merits. Our decision in that petition will naturally govern the other writ petitions in this group. . The petitioner, who was born on the 17th May, 1914, joined service in the Police Department of the former State of Mysore on the 28th November, 1934. In 1939 he was promoted as Sub-Inspector of Police and in 1948, he became a Police Inspector. On the 31 st July, 1961 he was served with a notice issued by the Government of Mysore informing him that Government considered it was necessary in the public interest to retire him from service under note 1 to R. 285 of the Rules and notice was accordingly given to him intimating to him that he will be retired as from the 15th November, 1961. The petitioner contends that under Rule 95(a) he was entitled to remain in service until he completed 55 years of age which means that he would have retired in normal course on the 17th May, 1969. Since the notice served on him by the Government of Mysore under the impugned note to R. 285 prematurely retires him he contends that the said order as to premature retirement is invalid, because it purports to have been passed in exercise of the powers conferred on the Government under note 1 to R. 285 and this latter note is constitutionally invalid. It appears that after the notice was served on the petitioner, he made a representation to the Government through proper channel. In this representation he urged that the action which the Government intended to take against him was unjust and illegal and he pleaded that he had a very good record of service and did not deserve to have his service curtailed by nearly 8 years by asking him to retire prematurely as from the 15th November, 1961. The Government, however, was not impressed by the plea made by the petitioner and on the 14th November, 1961, a final order was passed terminating the petitioner's service from 15-11-1961. That, in brief; is the background of the present petition.

(2.) Rule 95(a) of the Rules undoubtedly provides that the date of superannuation of a Government servant, is the date on which he attains the age of 55 years; and it authorises the Government to retain the Government servant in services even after the date of superannuation, if the said servant is physically fit and if the continuance of the said government servant in service is found to be on public grounds. In such a case, the grounds of public interest had to be mentioned in the order and the servant may be continued until he attains the age of 60 years.

(3.) Rule 285 deals with retiring pension and it provides that a retiring pension is granted to a Government servant who is permitted to retire after completing qualifying service for 30 years or such less time as may, for any special class of Government servants, be prescribed. Note 1 to this Rule provides inter alia, that Government may, in special cases, require any government Servant to retire any time after he has completed 25 years' qualifying service or on attaining 50 years of age, if such retirement is considered necessary in the public interest, provided that the appropriate authority shall give in this behalf a notice in writing to the Government servant at least three months before the date on which he is required to retire. The note further provides that a government servant who retires or is retired, only in the manner indicated above, shall be granted a retiring pension not exceeding such proportion of average emoluments and subject to such maximum limit as are specified in Chapter XIX.