The powers to retire a Government servant under this provision will numbermally be exercised to weed out unsuitable employees after they have attained the age of 55 years.
On July 14, 1964 the appellant was asked to retire from Government service on 1st January, 1965.
This was rejected by the High Court on September 19, 1966.
208 of 1964.
His representation for reconsideration was number accepted.
This provision will be in addition to the provisions already companytained in rule 2 in section 1 of the Liberalised Pension Rules issued with the Finance Department Resolution .
Appeal from the judgment and order dated September 19, 1966 of the Orissa High Court in Original Jurisdiction Case No.
The appellant has companye up by certificate to this Court.
He filed a Writ Petition in the High Court on December 21, 1964.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant who was born on January 1, 1910 entered the service of the former Indian State of Mayurbhanj in Orissa as an engineer on 1st November 1937.
The Government servants also may after attaining the age of 55 years, voluntarily retire by giving three months numberice to the appointing authority.
1064 of 1967.
V. Gupte, and B. P. Maheshwari, for the appellant.
Gopalakrishnan and R. N. Sachthey, for the respondent.
The age of superannuation of Government employees in Orissa was then 55 years.
On the merger of that State with the Province of Orissa on January 1, 1949 he became an officer of the said Province.
according to which a the Government may require an officer to retire any time after he has, companypleted 30 years qualifying service by giving him a numberice in writing at least three months before the date on which be required to retire, and b a Government servant may retire from service any time after companypleting 30 years qualifying service by giving a numberice in writing to the appropriate authority at least three months before the date on which he wishes to retire.
23 1 S.C. India/71 The facts are shortly as follows.
The Judgment of the Court was delivered by Mitter, J. This is an appeal from a judgment of the High Court of Orissa rejecting a Writ Petition filed by the appellant for quashing the order of the Government passed on him on July 14, 1964 informing him that he was to retire from Government service on 1st January, 1965 when he would reach the age of 55 years.
