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IN THE HIGH COURT OF MADHYA PRADESH
Sheel Nagu and Amar Nath (Kesharwani), JJ.
S. K. Roy (Dr.) v. Union of India
Miscellaneous Petition No. 4364 of 2023 (J);
Decided on 5.12.2023*
Civil Services -- continuation in service -- Government servant entitled as of right to continue in Government service till last date of retirement -- petitioner opted to continue service in related area after retirement -- releasing him to join for aforesaid option even before 15 days from date of retirement will amount to compulsory retirement -- such order unlawful -- set aside -- petitioner will be deemed to have superannuated with effect from actual date of retirement with consequential service benefits. [Para 9
flfoy lsok && lsok esa fujarjrk && ljdkjh lsod lsokfuo`fÙk d¢ vafre fnukad rd ljdkjh lsok esa cus jgus dk vf/kdkjiwoZd gdnkj && ;kph us lsokfuo`fÙk d¢ i'pkr~ lacafèkr {ks= esa lsok esa cus jgus dk fodYi pquk && iwo¨Zä fodYi d¢ fy, mls lsokfuo`fÙk d¢ fnukad ls 15 fnu iwoZ Hkh fueqZä djuk vfuok;Z lsokfuo`fÙk dh d¨fV esa vk,xk && ,slk vkns'k fofèkfo#) && vikLr && ;kph d¨ mldh lsokfuo`fÙk d¢ okLrfod fnukad ls] gh ikfj.kkfed lsok Qk;n¨a lfgr] lsokfuo`Ùk ekuk tk,xkA ¼iSjk 9
ORDER
1. This petition under Article 227 of the Constitution invokes supervisory jurisdiction of this Court to assail the final order dated 21.07.2023 passed by Jabalpur Bench of Central Administrative Tribunal dismissing the O.A. in question by which challenge was made to the order dated 23.12.2022 whereby petitioner after attaining the age of superannuation on 16.12.2022 from the post of Senior Specialist Medical Officer Incharge, Ordinance Factory Hospital, Vehicle Factory, Jabalpur, has been released to join at Ordnance Factory Hospital, Medak as Senior Consultant (Health Care) with effect from 17.12.2022. Further challenge in the OA was made to consequential orders passed vide AnnexureA/2 and AnnexureA/3 both dated 23.12.2022.
2. Learned counsel for the rival parties are heard on the question of admission so also on final disposal.
3. The Tribunal has dismissed the OA in question on the ground that the challenge to the order of transfer is not made on malafide or competence of the transferring authority or the same being violative of any constitutional and statutory provision and also that the same does not adversely affect any of the service condition of the petitioner.
4. The facts reveal that Government of India by notification dated 11.8.2018 published in Government of India Gazette (Extra Ordinary) dated 11.8.2018 framed Fundamental (Second Amendment) Rules, 2018 which are to the following effect:
| “MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) NOTIFICATION New Delhi, the 11th August, 2018 G.S.R. 767(E).- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby maker the following rules further to amend the Fundamental Rules, 1922, namely:- 1. Short title and commencement.- (1) These rules may be called the Fundamental (Second Amendment) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Fundamental Rules, 1922, in rule 56, for clause (bb), the following shall be substituted, namely:- “(bb) (i) The age of superannuation in respect of the doctors belonging to- (i) Central Health Service; (ii) Indian Railways Medical Service; (iii) AYUSH and working under the Ministry of AYUSH; (iv) Civilian doctors under the Directorate General of Armed Forces Medical Service; (v) Medical Officers of the Indian Ordnance Factories Health Service; (vi) Dental Doctors under the Department of Health and Family Welfare; (vii) Dental doctors under the Ministry of Railways; and (viii) General Duty Medical Officers, Specialist Grade doctors and Teaching Medical Faculty working in Bhopal Memorial Hospital and Research Centre, shall be sixty-two years unless they exercise the option of posting to Teaching, Clinical, Patient Care, Implementation of Health programme, Public Health programme and functions including advisory and consultancy depending on their exprtise and experience, as decided by the competent authority in the concerned Ministry or Department from time to time, in case they desire to continue in their service upto the age of sixtyfive years: Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-caste of Central Armed Police Forces and Assam Rifles and Specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years. (ii) The serving doctors belonging to the services referred to in subclause (I) who have either already attained the age of sixty-two years or attaining the age of sixty-two years within six months from the date of publication of these amendment rules in the official Gazette, may exercise their option |
A litigant who abandons service and approaches the court after an extensive delay is not entitled to relief.
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