IMPORTANT POINTS
1. Rule 71(a-1) of the Orissa Service Code providing for review of judicial officer s potential for continued service after 58 years of age is neither ultra vires, invalid nor against decision in All India Judges Association v. Union of India & Ors., (1992) 1 SCC 119.
2. In the absence of specific rule made by the State no judicial officer has a right as such to continue beyond the age of 58. It is only when the High Court, after reviewing all aspects of service including the past record of the officer concerned, specifically orders that in the interest of judicial service of the State it is necessary to retain the particular officer beyond that age limit and allow him to superannuate at the age of 60. In other words, continuation beyond 58 years is permissible only when the High Court makes a positive recommendation in favour of that officer for such continuation.

Headnote:Service Law-Judicial service-Orissa Service Code-Rule 71(a-1)-Rule providing for review of judicial officer s potential for continued service after 58 years of age-Not ultra vires, invalid or against judgment in All India Judges Association v. Union of India & Ors., (1992) 1 SCC 119-In absence of specific rule made by State Government no judicial officer has a right as such to continue beyond age of 58-Continuation beyond 58 years is permissible only when High Court makes possitive recommendation in favour of that officer for such continuation.
       Held : Rule 71(a-1) of the Orissa Code is not only in conformity with the decision rendered by this Court in the aforesaid case but also in conformity with the requirement of service jurisprudence. The purpose of increasing the superannuation age for the judicial officers was with an intention to raise the tone and morale of the judicial services as a whole but not to continue the officers who have lost their utility in rendering service to the society. It needs no emphasis as it is accepted that the judicial officer is required to discharge much more greater responsibility to the Society. Rule 71(a-1) does not straightway extend the age of superannuation at the age of 58 years but it only enables the High Court to retain in service a judicial officer belonging to the State Judicial Services up to the age of 60 years, if it is in the opinion that such judicial officer has potential to continue in useful service. For finding out whether he has potential for continue in useful service, assessment is to be made on the basis of past record of service, character rolls, quality of the judgments and other relevant matters, which may include over all assessment with regard to integrity, reputation and utility. There is no substance in the contention that Rule 71(a-1) is ultra-vires, invalid or against the judgment rendered by this Court in All India Judges Association case. We reiterate that in the absence of specific rule made by the State no judicial officer has a right as such to continue beyond the age of 58. It is only when the High Court, after reviewing all aspects of service including the past record of the officer concerned, specifically orders that in the interest of judicial service of the State it is necessary to retain the particular officer beyond that age limit and allow him to superannuate at the age of 60. In other words, continuation beyond 58 years is permissible only when the High Court makes a positive recommendation in favour of that officer for such continuation. Otherwise the judicial officer has to retire at the age of 58. This can be departed from only when the State makes specific rule otherwise. (Paras 5, 9 and 11)
       Can, for any reason, it be held that Service Rule which provides that an officer who has no potential for continued useful service beyond a particular age, is invalid? No -will be the obvious answer for various reasons. Further, there can be no right of an employee to continue in service de hors statutory or administrative rule prescribing superannuation age and continuation in service could be only subject to the conditions provided. The question which requires consideration by the authorities is-Have we not reached a stage where services of government or semi-government employees should be regulated in such a way that only such persons who can render useful service be continued and not the indolent, infirm and those of doubtful integrity, reputation or utility? Periodical exercise of reviewing or evaluating the utility is required for better administration and for removal of dead wood or persons having doubtful integrity and reputation. (Para 1)

JUDGMENT

Shah, J.-Question involved in this petition is -Can, for any reason, it be held that Service Rule which provides that an officer who has no potential for continued useful service beyond a particular age, is invalid? No -will be the obvious answer for various reasons. Further, there can be no right of an employee to continue in service de hors statutory or administrative rule prescribing superannuation age and continuation in service could be only subject to the conditions provided. The question which requires consideration by the authorities is-Have we not reached a stage where services of government or semi-government employees should be regulated in such a way that only such persons who can render useful service be continued and not the indolent, infirm and those of doubtful integrity, reputation or utility? Periodical exercise of reviewing or evaluating the utility is required for better administration and for removal of dead wood or persons having doubtful integrity and reputation.

2. Petitioner s case is that he was appointed on 14th January, 1981 by the High Court of Orissa as a temporary Munsif and he was confirmed in the said post on 21st December, 1985; he was promoted as a Civil Judge (Senior Division) in 1993 and was in service since then. It is his further case that in 1998 High Court of Orissa conducted review in respect of the petitioner as per Rule 71(a) of the Orissa Service Code and allowed him to remain in service up to the date of completion of the age of 58 years. On 28th January, 2000, he received a copy of the confidential letter from the Registrar (Administration), High Court of Orissa addressed to the Secretary, Law Department, Government of Orissa conveying the decision of the High Court of Orissa that as per Rule 71(a-1) of the Orissa Service Code, petitioner should be retired from Government service on attaining the age of 58 years i.e. on 30th June, 2000. It is his say that on receipt of the said confidential letter, he submitted a representation by letter dated 3.4.2000 to the High Court seeking reconsideration of his case by pointing out that this Court has enhanced the age of superannuation of judicial officers to 60 years and pointed out the decision of this Court in Rajat Baran Roy & Ors. v. State of W.B. & Ors.1. But there was no response. It is his contention that he has a clean record qua integrity and efficiency and there is no adverse entry or remark ever made in his confidential record. Thereafter, the petitioner received a notification dated 11.5.2000 from the Law Department of Government of Orissa notifying the State Government s decision to retire him from the Government service on attaining the age of 58 years. Hence, he has approached this Court by filing writ petition under Article 32 of the Constitution.

3. At the time of hearing this petition, Mr. A.S. Nambiar, learned senior counsel submitted that the Rule 71(a-1) is against the decision rendered by this Court in All India Judges Association v. Union of India & Ors.2, and a subsequent clarification given by this Court in review application in All India Judges Association and Others v. Union of India & Ors.3.

4. For appreciating the contention raised by the learned senior counsel, we would first refer to relevant part of Rule 71(a) of the Orissa Service Code.

"71.(a) Except as otherwise provided in the other clauses of this rule the date of compulsory retirement of a Government servant, except a ministerial servant who was in Government service on the 31st March, 1939 and Class IV Government servant, is the date on which he or she attains the age of 58 years subject to the condition that a review shall be conducted in respect of the Government servant in the 55th year of age in order to determine whether he/she should be allowed to remain in service up to the date of completion of the age of 58 years or retired on completing the age of 55 years in public interest :

Provide .......

(a-1). Notwithstanding anything contained in

Click Here to Read the rest of this document

2000 Supreme(SC) 1065

Cases Referred (6)