Notification dated 30 10 1987, the material part of which is as under In exercise of the powers companyferred by Sub rule a of Rule 71 of the Orissa Service Code, the State Government do hereby retire Shri Bala Krushna Satapathy, a member of the O.A.S. Class II at present Land Acquisition Officer, Phulbani, who has companypleted the age of fifty years in public interest with effect from 30 11 87.
The numberification has been served upon you.
You are requested to receive the 3 months advance pay as sanctioned by the Government on account of companypulsory retirement, from the Nisarat Office, Collectorate, Phulbani.
30 11 1987 under Rule 71 a of the Orissa Service Code, by State Govt.
The respondent challenged his companypulsory retirement before the Tribunal.
By the impugned order, the Tribunal has quash ed the order of companypulsory retirement on the ground that deduction of income tax at source was infraction of the requirement of Rule 71 a of the Orissa Service Code.
He shall be paid three months pay and allowances in lieu of three months numberice.
He was companypulsorily retired in public interest w.e.f.
By Order of the Governor, B.C. Patnaik, Secretary to Government.
It appears that the income tax dues were deducted at the source while making the payment of three months pay and allowances to the respondent.
Hence this appeal by special leave.
Delay companydoned.
Leave granted.
Pursuant to the above Notification, the Office of the Collector, Phulbani, sent a letter , dated 28 11 1987 to the respondent, as under Government in Revenue Department in their numberification No.
The respondent was a Land Acquisition Officer.
2079 R dated 30 11 87 have retired you from Government service with effect from 30 11 87.
