Judgment

DESAI, J.:- Appellant joined service as a Clerk in the Civil Supplies Department of the erstwhile Patiala and East Punjab States Union (PEPSU for short) on September 2, 1949. He was a temporary employee and he was discharged from service on September 30, 1953. On February 22, 1954, he was again recruited as a clerk in the consolidation department of PEPSU. In course of time, he was promoted as senior clerk and came to be allocated to Punjab State on the merger of PEPSU with erstwhile Punjab State. The Deputy Commissioner of Bhatinda transferred the appellant and posted him as Assistant in his office after obtaining concurrennce of the Subordinate Service Selection Board, Punjab with effect from January 1, 1962. On the reorganisation of Punjab State in 1966, the appellant came to be allocated to Punjab State. After declaration of national emergency, the Governor of Punjab in exercise of the power conferred by the proviso to Art. 309 of the Constitution and all other powers enabling thereto and with the previous approval of the Central Government under sub-sec. (7) of S. 115 of the States Reorganisation Act, 1956 and sub-sec. (6) of the Sec. 82 of the Punjab Reorganization Act, 1966 framed Punjab Civil Services (Premature Retirement) Rules, 1975 ( Premature Retirement Rules for short). Rule 3 conferred power on the appropriate authority to order premature retirement of the Government servant governed by the rules. It reads as under :

"3(1)(a) The appropriate authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right, by giving any employee prior notice in writing to retire that employee on the date on which he completes twenty five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in notice.

(b) The period of such notice shall not be less than three months :

Provided that where at least three months notice is not given or notice for a period less than three months is given, the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances at the same rates at which he was drawing them immediately before the date of retirement for a period of three months or, as the case may be, for the period by which such notice falls short of three months.

(2) Any Government employee may, after giving at least three months previous notice in writing to the appropriate authority retire from service on the date on which he completes twenty five years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice;

Provided that no employee under suspension shall retire from service except with the specific approval of the appropriate authority."

In exercise of the power conferred by rule 3(1)(a), Deputy Commissioner, Bhatinda passed an order of the premature retirement of the appellant dated August 20, 1975. It reads as under :

"No. 173 Dated 20-8-1975

Under Rule 3(1)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975, Shri Hans Raj. Sub-Divisional Assistant, S. D. O. (Civil) office. Bhatinda who has completed more than 25 years service is hereby retired from service from the date of order,

2. He shall be entitled to three months, pay in lieu of notice as is admissible under proviso below rule 3(1)(b) of the Rules ibid.

3. He shall further be entitled to the benefits of retiring pension and death cum retirement gratuity, admissible under the rules.

Sd/-

Deputy Commissioner,

Bhatinda."

The appellant was accordingly prematurely retired by the appropriate authority on the ground that he has completed more than 25 years of service and that even though he was prematurely retired, he was entitled to the benefits of retiring pension and death cum retirement gratuity, admissible under the rules. The appellant questioned the validity, legality and correctness of the order of premature retirement in C. W. P. No. 6461 of 1976 in the High Court of Punjab and Haryana at Chandigarh