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1978 Supreme(SC) 77

V. D. TULZAPURKAR, Y. V. CHANDRACHUD, P. S. KAILASAM, P. N. BHAGWATI, M. H. BEG
State Of U. P. – Appellant
Versus
Batuk Deo Pati Tripathi – Respondent


Advocates:
E.C.AGARWAL, M.L.SHRIVASTAV, O.P.RANA, S.N.KACKAR, S.N.Mishra, U.S.Prasad

Y.V.CHANDRACHUD, J.

(1) RESPONDENT 1, Batuk Deo Pati Tripathi, joined the Judicial Service of the State of Uttar Pradesh as a Munsif in 1943 and after intervening promotions, he was appointed as a District Judge on 15/04/1969. Under Note (1) to Article 465-A of the Civil Service Regulations, as adopted for application in Uttar Pradesh, the State government may at any time, without assigning any reason, require any officer to retire on three months notice or pay in lieu of the whole or part thereof after he has attained the age of 50 years. Such decision is required to be taken by the government in its Administrative Department and only if it appears to it to be in public interest to do so. Some time in 1969 the State government requested the High court of Allahabad, respondent 2 to this appeal, to screen cases of judicial officers in order to determine which of them should be retired compulsorily under the aforesaid provision. In one of the meetings of the Administrative Committee of the High court which was held on 9/01/1974, it was resolved by the Committee that respondent 1 should be retired compulsorily from service. The Registrar of the High court communicated the decis
















































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