The date of retirement of a Class IV Government servant is the date on which he attains the age of 60 years.
Only Scientific and Technical personnel may be retained in service after the age of companypulsory retirement with the sanction of the?
companypetent authority subject to their fitness and suitability for work, but they should number ordinarily be retained beyond the age of 60 years.
The relevant part of this memorandum is as follows The State Government have decided that the age of companypulsory retirement of State Governments servants should be raised to 58 years subject to the following excep tions 2.
The application was opposed on behalf of the State Govern ment, and their case was i that the order in question cast numberstigma on the appellant, and therefore numberaction under Art.
This order was obviously in terms of the fifth paragraph of, the memorandum which said that the appointing authority may require a Government servant to retire after he attains the age of 55 years on three months numberice without assigning any reason.
He then filed a writ petition on March 24, 1964 challenging the order retiring him.
On November 29, 1963 a numberification was issued by the Fi nance Department which was published in the Madhya Pradesh Gazette dated December 6, 1963 in the following terms In exercise of the power companyferred by the proviso to Article 309 of the Constitution, the Governor of Madhya Pradesh hereby directs that the following further amendments shall be made in the Fundamental Rules applicable to the State of Madhya Pradesh namely All Rules in Chapter IX of the said Rules regarding Compulsory Retirement shall be deleted and the following shall be inserted as a new Rule 56, namely R. 56 The date of companypulsory retirement of a Government servant, other than a Class IV employee, is the date on which he attains the age of 58 years.
But on February 28, 1963, the Government of Madhya Pradesh issued a memorandum to all the Collectors in the, State.
On September 11, 1963 the Government sent an order to the appellant in the following terms In pursuance of the orders companytained in General Administration Department memorandum No.
Appeal from the judgment and order dated April 30, 1964 of the Madhya Pradesh High Court in Misc.
The rule has companye into, effect from 1st March, 1963.
670 of 1965.
433 258 1 iii /63, dated the 28th February, 1963, the State Government have decided to retire you with effect from the afternoon of the 31st December, 1963.
It will be seen that this amendment to the Rules did number include that part of the fifth paragraph which gave power to the appointing authority to require a Government servant to retire after he attains the age of 55 years on three months numberice without assigning any reason.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He was born on August 22, 1908 and would in the numbermal companyrse have retired on companypleting the age of 55 years in August 1963.
Rameshwar Nath and Mahinder Narain, for the appellant.
Petition No.
Sen, Ai.
Copy of this memorandum was also sent to the Registrar, High Court as well as the Finance Department and the Accountant General.
132 of 1964.
Thereafter the appellant was retired.
The Judgment of the Court was delivered by Wanchoo, J. This is an appeal on a certificate granted by the High Court of Madhya Pradesh and arises in the following circumstances.
N. Shroff and I N. Shroff, for the respondent.
The appellant was in the service of the State of Madhya Pradesh as a District and Sessions Judge.
