JUDGMENT

KULDIP SINGH, J. :— The short question for consideration before us is whether R. 2(2) of the Liberalised Pension Rules, 1950 (hereinafter called Pension Rules) which permits the Central Government to retire a Government servant at any time after he has completed 30 years of qualifying service by giving him three months notice or pay in lieu of such notice, confers unguided powers in the Government and as such is ultra vires Arts; 14 and 16 of the Constitution of India.

2. Izhar Hussain joined the Post and Telegraph Department as a clerk on June 4. 1935 The Director, Postal Services by an order dated April 21, 1970 retired him from service under R. 2(2) of the Pension Rules. Izhar Hussain challenged the order of retirement by way of a writ petition before the Allahabad High Court. The learned single Judge dismissed the writ petition holding that there was no infirmity in R. 2(2) of the Pension Rules. The Special Appeal filed by Izhar Hussain before the Division Bench of the High Court was accepted and R. 2(2) of the Pension Rules was declared invalid and the retirement of Izhar Hussain was set aside. The Union of India has come up in appeal by special leave against the judgm