JUDGMENT

G.B.PATTANAIK, J.

(1) SPECIAL leave granted.

(2) THE short question which arises for consideration is whether an employee who was a temporary government servant loses his right to receive pension when the employer exercises its option and retires the employee after he attains the age of 55 years in accordance with Rule 56(J)(II) of the Fundamental Rules, even though the employee might have completed more than 20 years service?

(3) THE appellant joined the services of the government of India as temporary Lower Division Clerk in the central Tractor Organisation on 6/10/1955. He was promoted to the post of Upper Division Clerk on probation on 28/12/1962 and having continued for 8 years, he was reverted to the post of temporary Lower Division Clerk on 1/12/1970. Pending initiation of departmental proceeding he was suspended on 1/12/1980. The departmental proceeding was initiated on 10/4/1981. The disciplinary authority finally passed an order of punishment on 1/6/1985. Against the order of punishment an appeal was preferred by the appellant on 19-7-1985 but that appeal had not been forwarded to the appellate authority by the disciplinary aut