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Abdur Rahim Ahmed Vs. State of Mysore - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtKarnataka High Court
Decided On
Case NumberWrit Petition No. 2099 of 1966
Judge
Reported in(1968)IILLJ450Kant; (1968)1MysLJ225
ActsMysore Civil Services Rules - Rule 285; Constitution of India - Articles 14, 16, 226, 235, 309, 311 and 311(2)
AppellantAbdur Rahim Ahmed
RespondentState of Mysore
Excerpt:
labour and industrial - compulsory retirement - rule 285 of mysore civil services rules and article 235 of constitution of india - order compulsorily retiring petitioner-(member of judicial service) challenged - allegedly petitioner was member of subordinate judiciary and controlling authority under article 235 being high court so governor was not competent to make impugned order - two requirements for compulsory retirement are that officer has completed 25 years of service or attained 50 years of age and that it is in public interest to dispense with his further service - no obligation on government to disclose to official who is proposed to be retired compulsorily materials on basis of which it comes to conclusion that his retirement is in public interest - petitioner not entitled to.....orderchandrashekhar, j.1. the petitioner was a member of the mysore judicial service holding the rank of civil judge. in the normal course he should have retired on 4 may, 1967 on his attaining the age of superannuation, i.e., 55 years. on 14 october, 1966, the governor of mysore made the following order retiring him compulsorily under note 1 to rule 285 of the mysore civil services rules :
Judgment:
ORDER

Chandrashekhar, J.

1. The petitioner was a member of the Mysore Judicial Service holding the rank of Civil Judge. In the normal course he should have retired on 4 May, 1967 on his attaining the age of superannuation, i.e., 55 years. On 14 October, 1966, the Governor of Mysore made the following order retiring him compulsorily under note 1 to rule 285 of the Mysore Civil Services Rules :


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