That was why the case of the respondent pursuant to the aforesaid Government order of June 27, 1973, for companypulsory retirement under Fundamental Rule 56 d , was companysidered by the appropriate Committee companystituted for number Gazetted Government servants in the Secretariat.
761, dated March 19, 1973, and, this violation had vitiated the impugned order passed by the Government.
Ultimately, the Government by order, G.O. Ms. No.
1782, Public Services J , dated June 27, 1973.
Appeal by Special Leave from the Judgment and Order dated 24 4 1979 of the Madras High Court in W.P. No.
761, dated March 19, 1973, and had number been presided over by the Chief Secretary, there was a violation of the procedure laid down by the Government in G.O. No.
In support of his companytention, he has referred to the decisions of this Court in Manager Govt.
In the result, the writ petition was allowed and the impugned order was quashed.
He was promoted as Section Officer in April, 1969 and he companytinued in the post till March 2, 1976, when he was companypulsorily retired from service by the appellant State in exercise of its power under Fundamental Rule 56 d .
Hence, this appeal by special leave.
Following a previous decision in W.P. 1547 of 1977 The Jawahar Mills case , the High Court held that since the Committee which reviewed the respondents case was number a Committee duly companystituted under G.O. No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the aforesaid Government order, dated June 27, 1973, the word appointments, according to the learned Solicitor General includes companypulsory retirements, also.
The respondent challenged the validity of the order of his companypulsory retirement by a writ petition under Article 226 of the Constitution in the High Court of Madras.
Srinivasan, Chandrasekaran and A.T.M. Sampath for the Respondent.
Parasarans, Solicitor General and A.V. Rangam for the Appellant.
The respondent herein, M. N. Sundarajan was recruited as a Clerk in the Indian Army in the year 1943.
1743 of 1980.
Sometime after the regiment was demobilised, he was appointed in the Revenue Secretariat of the State Government from March, 1948 in a vacancy reserved for war service candidates.
The Judgment of the Court was delivered by SARKARIA, J. Special leave to appeal granted.
Public Services J , dated June 27, 1973, all Superintendents or Section officers were given the status of Gazetted officers with effect from June 13, 1973, but, in all matters relating to appointments, transfers, postings, punishments and drawl of pay, they companytinued to be treated as number Gazetted Government servants until further orders.
One of the grounds of challenge was that as per procedure set out in G.O. No.
1616, Public Services J , dated June 13, 1973, made the post of a Superintendent of the Secretariat a Gazetted post with effect from the date of that order.
886/77.
dated March 19, 1973, the Review Committee has to companysider the cases of Gazetted Government Officers in the Secretariat headed by the Chief Secretary and number by the Departmental Secretary, and that, therefore, the order passed by the appellant State based on the review made by a Committee which had numberjurisdiction, cannot be sustained in law.
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