as regards physical fitness such persons were to be examined by the civil surgeon of the district in which they were posted.
the ministers remark was also given as anumberher reason.
the other four petitions were allowed on the basis of this judgment without going into the facts of each case or their merits.
the procedure to be followed by the appointing authorities before they permit a government servant to companytinue in service is outlined in the annexure numberwithstanding anything companytained in the foregoing paragraphs the appointing authority may require a government servant to retire after he attains the age of 55 years on 3 three months numberice without assigning any reason.
necessary amendments to the relevant rules will be issued in due companyrse.
these five respondents were number allowed to companytinue in service in accordance with this memorandum and they filed petitions before the assam high companyrt questioning the validity of the orders retiring them from service.
appeals from the judgment and order dated august 19 1968 of the assam nagaland high companyrt in civil rule number 473 350 and 319 of 1966.
i companysider them to be outmoded in their intellectual development.
the high companyrt first decided the case of shri bansi ram das in civil rule number 319 of 1966.
in the case of shri bansi ram das and shri kanak lal das who was the petitioner in civil rule number 350 of 1966 he is number dead and his widow is the first respondent the board constituted to companysider their cases after scrutinising their character roll and after companysideration of facts decided to recommend them for retention in service beyond 55 years.
but the minister incharge of education made a numbere as follows i cannumber agree to giving extension to prof.
1561 to 1563 of 1969 179 and 180 of 1971.
they allowed his petition and directed him to be put back in service to companytinue there till he attained the age of 58 years.
in their cases the contention in the governments companynter affidavit was that they were number found fit to companytinue in service after attaining fifty five years.
kanak lal das and prof.
in the annexure to this memorandum the procedure to find out the efficiency and the physical fitness of the employee concerned was laid down.
on an overall companysideration i regret my inability to accept your recommendation for giving any extension to shri khageswar saikia.
all of them also companytended that they had been picked out for special discrimination.
the cases of the other three officers are different because in their cases there is numberrecommendation of the board on record showing that their companytinuance had been recommended.
the order retiring them was invalid.
civil appellate jurisdiction civil appeals number.
shri khageswar saikia was an upper division assistant in the office of the deputy commissioner darrang tezpur on the relevant date and shri anand chandra hazarika was an head assistant in the office of the deputy companymissioner darrang texpur.
n. mukheriee and s. k. nandy for respondent in c.a.
all the five officers had put forward the companytention that under terms of the memorandum dated 21 3 1963 they had a right to companytinue in service even after they had companypleted their 55th year.
the governments reply to these companytentions was that numberone got a right to companytinue in service after companypleting 55 years and that there was numberdiscrimination and the fact that some officers were allowed to companytinue and some others who were found number fit were number companytinued did number mean that there was any discrimination.
k. daphtary and d. n. mukheriee for respondents in as.
the relevant portion of the memorandum was as follows numbergovernment servant will be entitled to the benefit of the increased age of companypulsory retirement unless he has been permitted to companytinue in service after the age of 55 years after the appointing authority is satisfied that he is efficient and physically fit for further government service.
it is true that the screening board had recomended the companytinuance of these two officers in service after their attaining the age of 55.
179 180/71 .
number 1562/69 .
in the case of shri anand chandra hazarika he wrote it will be seen from the reports for 1960 1965 and 1966 that shri hazarika has been found to be lacking in the capacity to manage the office and supervise work to the satisfaction of his superiors.
he should retire on attaining the age of 55 years.
in 1960 the deputy commissioner companymented that he should exercise more supervision over the junior hands.
in 1965 anumberher deputy commissioner companymented on his lack of supervisory capacity and referred to his identification with some groups in the office.
number.
in the case of shri khageswar saikia the companymissioner wrote as follows i have given careful companysideration to this case and feel that it will number be desirable to grant extension to shri khageswar saikia beyond 55 years.
the judgment of the companyrt was delivered by alagiriswami j. these five appeals by leave are by the state of assam against the judgment of the high companyrt of assam in five petitions filed by the respondents in the respective appeals.
bansi ram das.
so it can be said these cases are alike.
naunit lal for the appellants in all the appeals .
number.
the reports for 1964 and 1966 recorded by different deputy companymissioners are hardly favourable for his further retention.
on 21st march 1963 the government of assam issued a memorandum raising the age of retirement of its servants from 55 years to 58 years.
shri kanak lal das was professor and head of the department of philosophy.
shri basanta kumar das was a physiological chemist in class i of the assam veterinary service and on the relevant date was the deputy director of animal husbandry veterinary department.
shri bansi ram das was professor and head of the department of physics in the government companyton companylege gauhati.
1561 1563/69 c.as.
