P RADHAKRISHNA NAIDU SYED BURHAN Vs. GOVERNMENT OF ANDHRA PRADESH:GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These writ petitions challenge the compulsory retirement of the petitioners. The petitioners were retired compulsorily under order dated 23 September, 1975.

(2.) The order dated 23 September, 1975 in the case of the first petitioner in writ petition No. 97 of 1976 may be referred to as typical of orders in the case of other petitioners. This order stated first that the said first petitioner completed 25 years of qualifying service on 24 July, 1975. The order next stated that the Commissioner of Police being the authority to make a substantive appointment to the post of Inspector of Police is of opinion that it is in public interest to retire the persons mentioned in the order.

(3.) The order thereafter states that in exercise of the powers conferred by Clause (a) of sub-rule (2)/sub-rule (2) (A) read with Clause (a) of sub-rule (2) of Rule 3 of the Andhra Pradesh Liberalised Pension Rules, 1961/sub-rule (1) of Rule 2/ Rule 3 read with sub-rule (1) of Rule 2 of the Andhra Pradesh Government Servants Premature Retirement Rules, 1975, the Commissioner of Police directs that the person mentioned in the order shall retire in public interest from service with effect from the date of service of the order and that he shall be paid a sum equivalent to the amount of pay and allowances for 3 months in lieu of notice calculated at the same rate at which he was drawing immediately before the date on which the order is served on him.