E.S.VENKATARAMIAH, M.M.DUTT
UNION OF INDIA – Appellant
Versus
R. NARASIMHAN – Respondent
( 1 ) VENKATARAMIAH, J:- The short question involved in this case is whether Para 620 of the Manual of Railway Pension Rules, 1950, (hereinafter referred to as the railway Pension Manual) under which the competent authority is empowered to retire a railway employee before his normal date of retirement is for any reason void, ineffective or unconstitutional.
( 2 ) THE respondent, R. Narasimhan, joined the southern Railway as a Ticket Collector in the year 1950 and on being promoted at different stages he was working as a Travelling Ticket Examiner on 14th of May, 1982 when he was compulsorily retired from service by the competent authority in the Railway Administration in exercise of his powers under Para 2 (2) of the Railway Ministrys letter dated 8-7-1950 (incorporated as Para 620 of the Railway Pension Manual ). The respondent was born on 23-9-1929 and if the order of retirement had not been passed, as stated above, he would have continued in service till he completed 58 years of age. Aggrieved by the order of retirement, the respondent filed a Writ Petition in the High Court of Madras in Writ Petition No. 4079 of 1982 questioning the validity of the said order and also of Para 6
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