Back
NAMIT KUMAR
Bahadur Singh – Appellant
Versus
P. R. T. C. – Respondent
JUDGMENT :
Namit Kumar J.
1. The petitioner has filed the instant writ petition under Articles 226/227 of the Constitution of India, for claiming the following reliefs:
(ii) to issue an appropriate writ, order or direction especially in the nature of certiorari quashing the impugned order, dated 08.06.1995 (Annexure P-3) passed by the respondent No. 2 vide which the petitioner has been retired retrospectively w.e.f. 31.12.1994, on the plea that the date of birth of the petitioner should have been December, 1936 instead of 20.07.1938 as entered in his Service Book and the appeal filed by the petitioner before Respondent No. 1 which has been rejected vide order dated 09.08.1999 (Annexure P-7) which is in violation of the law laid down by the Hon’ble Supreme Court in the matter of State of Orissa vs. Dr. (Miss) Bina Pani De, AIR 1967 SC 1269 against the principle of natural justice and without holding an enquiry and also in view of the fact that the petitioner cannot be retired retrospectively vide order dated 08.06.1995 (P-1) w.e.f. 31.12.1994 as the petitioner had worked till 08.06.1995 as Driver with the Pepsu Road Transport Corporation
Retrospective retirement orders are unlawful as they infringe on employees' accrued rights and benefits.
Retirement benefits are calculated based on the official retirement date, even if employment continued under interim orders beyond that date.
Tampering with age records to gain employment advantage invalidates claims to continued service; retirement at correct age does not breach natural justice.
Judicial review of disciplinary actions is limited, and penalties may only be modified if deemed shockingly disproportionate to proven misconduct.
Date of birth declared at service entry is conclusive unless corrected within two years; belated claims with certificates obtained just before superannuation after nearly 20 years not permissible.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
