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Union of India (Uoi) and anr. Vs. Shri S.A. Razak - Court Judgment

LegalCrystal Citation
SubjectService
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1933 (N) of 1970
Judge
Reported inAIR1981SC360; [1981(42)FLR44]; (1981)2SCC74; 1981(13)LC19(SC)
ActsConstitution of India - Articles 136, 311 and 311(1); Indian Railway Establishment Code - Rule 2046
AppellantUnion of India (Uoi) and anr.
RespondentShri S.A. Razak
Excerpt:
.....constitution not applicable - not a case of imposition of penalty but was a case of retirement on attaining age of superannuation - held, no interference required under article 136 of constitution as respondent have attained age of fifty eight years also and must have duly retired. - motor vehicles act (59 of 1988)section 149 (2)(a)(ii): [dr. arijit pasayat & a.k. ganguly, jj] exercise of power in the present case, a, not having a valid driving licence driving the vehicle carrying 14 persons meeting with accident - in claim for damages before consumer forum, one s, shown as driving the vehicle - entries in case diary and post-mortem report clearly showing a as driver of the vehicle and not s on ground that the vehicle was used in violation of terms of the policy appellant insurer..........in service till he attained the age of fifty eight years and that he could not be retired from service on attaining the age of fifty five years only. as his representation evoked no response, the respondent filed a writ petition in the high court of orissa to have the order retiring him from service quashed. the high court of orissa allowed the writ petition on the ground that the order retiring the respondent from service was passed by the divisional operating superintendent whereas it should have been passed by the commercial traffic manager who was the original appointing authority. the high court referred to article 311(1) of the constitution and cases decided there under. there cannot be the slightest doubt that the high court was entirely wrong in proceeding as if article 311.....
Judgment:

O. Chinnappa Reddy, J.

1. The respondent was working as Station Master at Jadupudi Railway Station, when, he received a notice dated April 10/11, 1969, from the Divisional Operating Superintendent, South Eastern Railway, Khurda Road, purporting to retire him from service with effect from the forenoon of August 18, 1969, under Rule 2046 of the Indian Railway Establishment Code, on attaining the age of superannuation. The respondent submitted a representation claiming that he was entitled to continue in service till he attained the age of fifty eight years and that he could not be retired from service on attaining the age of fifty five years only. As his representation evoked no response, the respondent filed a Writ Petition in the High Court of Orissa to have the order retiring him from service quashed. The High Court of Orissa allowed the writ Petition on the ground that the order retiring the respondent from service was passed by the Divisional Operating Superintendent whereas it should have been passed by the Commercial Traffic Manager who was the original appointing authority. The High Court referred to Article 311(1) of the Constitution and cases decided there under. There cannot be the slightest doubt that the High Court was entirely wrong in proceeding as if Article 311 had any application. This was not a case of imposition of any penalty but a case of retirement on attaining the age of superannuation. The only question was whether the age of superannuation in the case of the respondent was fifty five years or fifty eight years. The question whether the authority who issued the order retiring the respondent for service was subordinate to the authority who appointed the respondent did not at all arise for consideration. Having said this much we do not feel called upon to interfere in this appeal under Article 136 as the respondent attained the age of fifty eight years also long ago and must have duty retired. We, therefore, dismiss the appeal but in the circumstances without any order as to costs.


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