TMI Blog1980 (5) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... reafter on completion of 30 years' of qualifying service under the Revised Pension Rules 1950, by the impugned notice-cum order dated 3rd October 1975 he was retired from service with effect from 10.h January 1976. The respondent made a representation on 22nd October 1975 to the Industries Commissioner and Director of Industries, Bombay against the said compulsory retirement. On 2nd January 1976 he received a reply from the Joint Secretary Law and justice Department, State of Maharashtra, stating that the Government did not consider it necessary to review his case. On 7th January 1976 the respondent filed a writ petition in the Bombay High Court being Miscellaneous Petition No. 16 of 1976 challenging the said compulsory retirement on se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment servant to retire any time after he has completed 30 years' qualifying service provided that the appropriate authority shall give in this behalf a notice in writing to the Govt. servant at least three months before the date on which he is required to retire. NOTE (1) The authority competent to serve notice on Govt. servant who have completed 30 years qualifying service should be the Head of Department in respect of Govt. Servants whom the Head of Deptts. or lower authorities are competent to appoint The power of requiring Govt. servants to retire should be restricted to retirement on public grounds, such as impairment of efficiency of a Govt. servant against whom it is not desirable to make a formal charge of inefficiency or a G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cuments the following noting had been made under date 24 9-1975: We may serve a notice of retirement on public grounds on Shri Naik, Head Clerk under Rule 8 of the Revised Pension Rules 1960 for impairment of his efficiency in the work assigned to him: vide I LD file kept below. 5. The question is whether the aforesaid noting made in the file of the respondent records the exact reason for compulsorily retiring him in compliance of Rule 8 read with Note (1) ? On construction of Note (1) to Rule 8 the High Court has held that the public grounds are confined only to two situations (reasons) specified therein and it has further taken the view that merely stating that the respondent may be retired on public ground, namely, for impairment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssionate pension. User of the expression such as which follows the expression public grounds clearly shows that the two categories of public ground are illustrative and not exhaustive. It is difficult to appreciate how in face of such language the High Court could take the view (which has been expressed at not less than three places in the judgment) that the public grounds on which a Government servant may be retired under the Rule were restricted only to two categories of cases specified therein and that there was no other category in which recourse to power of compulsory retirement could be taken under this Rule Similarly it is difficult to appreciate how the High Court has taken the view that where a Govt servant is sought to be retir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-cum order dated 3rd October 1975 compulsorily retiring the respondent with effect from 10th of January, 1976 was in strict and full compliance of Rule 8 Note (1) of the Revised Pension Rules 1950 and the compulsory retirement of the respondent cannot be struck down on this ground. 7. We have already stated that in the view the High Court took on the main point discussed above, it did not deal with or discuss the other grounds on which the respondent sought to challenge his compulsory retirement under the impugned notice cum order dated 3rd October, 1975, Since we reached a contrary conclusion on that point, we asked Counsel whether the matter should be remanded or we should hear the other grounds of challenge and dispose of the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1969-70 and these are far from complimentary to him. The material on record also shows that right from 1948 down to 1974-75 there were adverse remarks made against to him which were duly communicated to him from time to time and in 1961 as a result of departmental enquiry held against him and the finding recorded therein his increment was withheld for one year. The record shows no improvement but persistent deterioration in his efficiency. It was by reason of such record for several years that the impugned decision was taken. Further, the impuged action came to be suggested by Shri Palande, Industries Commissioner and Director of Industries on an overall consideration the Respondent's record and not by Shri Shinde and ultimately the Sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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