Aggrieved by the judgment of the learned Single Judge the respondent filed an appeal before the Division Bench of the High Court in Writ Appeal No.
Aggrieved by the judgment of the Division Bench, the Union of India and the Railway Administration have filed this appeal by special leave.
Ramaswamy, Additional Solicitor General, P. Parmeshwaran, B. Parthasarthy for the Appellants.
From the Judgment and Order dated 22.4.1987 of the Madras High Court in W.A. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Krishnamani and S. Balakrishnan for the Respondents.
1583 of 1987.
The Writ Petition was companytested by the Railway Administration and ultimately it was dismissed by the learned Single Judge of the High Court of Madras.
Aggrieved by the order of retirement, the respondent filed a Writ Petition in the High Court of Madras in Writ Petition No.
The respondent was born on 23.9.1929 and if the order of retirement had number been passed, as stated above, he would have companytinued in service till he companypleted 58 years of age.
367 of 1983.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The short question involved in this case is whether Para 620 of the Manual of Railway Pension Rules, 1950, hereinafter referred to as the Railway Pension Manual under which the companypetent authority is empowered to retire a railway employee before his numbermal date of retirement is for any reason void, ineffective or unconstitutional.
The respondent, R. Narasimhan, joined the Southern Railway as a Ticket Collector in the year 1950 and on being promoted at different stages he was working as a Travelling Ticket Examiner on 14th of May, 1982 when he was companypulsorily retired from service by the companypetent authority in the Railway Administration in exercise of his powers under Para 2 2 of the Railway Ministrys Letter dated 8.7.1950 incorporated as Para 620 of the Railway Pension Manual .
4079 of 1982 questioning the validity of the said order and also of Para 620 of the Railway Pension Manual which empowered the Railway Administration to retire its employees on their companypleting 30 years of service.
367 of 1983.
