CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 3^rd day of May, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member Mr. Kallol Biswas, IFS, S/o. Girindra Nath Gupta, Aged about 57 year's Occ: Joint Secretary Higher Education Department, Government of Andhra Pradesh, Secretariat, Velagapudi, Guntur - District.

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..Applicant (By Advocate: Sri K. Sudhaker Reddy)

Vs.

1. Union of India Represented by its Secretary Ministry of Environment, Forests & Climate Change, New Delhi.

2. Government of Andhra Pradesh Rep by its Chief Secretary Secretariat, Velagapudi Guntur - District.

3. Government of Andhra Pradesh Rep by its Principal Secretary Environment & Forests Secretariat, Velagapudi Guntur -District. A.P.

4. The Principal Chief Conservator of Forest's (HoFF)

Andhra Pradesh, Guntur - District. A.P.

…Respondents (By Advocate: Smt. K. Rajitha, Sr. PC for CG Sri D. Pandu Ranga Reddy, SC for AP)

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ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicant sought the following relief:

“………..to call for the records and set aside the Impugned Order No. 38017/01/2016-IFS-1 (Vol.1) dated: 19-07-2019 issued by the first respondent as clearly as illegal, arbitrary and is in clear violation of the GOI Guidelines issued vide Letter No: 25013/02/2005-AIS 11 dated: 28-06-2012 and also in violation of the law laid down by the Hon'ble Supreme Court in the case of State of Gujarat v/s Umedbhai M Patel (2001) 3 SCC-320 and also clear violation of the Sub Rule (3) of Rule 16 of AIS (Death-Cum-Retirement Benefits) Rule's 1958 GOI Instructions Ministry of Home Affairs No. 29/10/64 A.I.S. (II) dated 1st September, 1965 and also violation of the Principles of Natural Justice and procedure enjoined by Article 311 of the Constitution of India and also applicants Fundamental Rights guaranteed under Article 21 of the Constitution of India and Consequently direct the respondents here in to continue the applicant in service till the date of superannuation with all Consequential benefits forthwith and be pleased to pass such other and further order or orders as may be deemed fit and proper in the circumstances of the case.”

2. There is no representation on behalf of the applicant.

3 (a). When matter has been taken up for consideration, learned counsel for the respondents contended that, the applicant has filed this application against the Order No. 38017/01/2016-IFS-1 (vol-I) 19.07.2019 issued by the Ministry of Environment Forest and Climate Change regarding retirement of the applicant under Rule 16(3) of All India Service (Death-cum Retirement Benefits) Rules, 1958.

b) It is submitted that the members of All India Services are governed by the rules and regulations issued by Department of Personal and Training (DoP&T) on behalf of Central Government. The DOPT vide their letter

25013/02/2005-AIS No II dated 28.06.2012 issued Guidelines for intensive review of records for All India Services (Death-cum- Retirement Benefits) Rules, 1958. It is submitted that Rule 16(3) of the All India Services (Death- cum-Retirement Benefits) Rules, 1958, as amended on 31.01.2012, provides as follows:

“The Central Government may in consultation with State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month's previous notice in writing or three month's pay and allowances in lieu of such notice,-

(i) after the review when such Member completes 15 years of qualifying Service; or (ii) after the review when such Member completes 25 years of qualifying Service or attains the age of 50 years, as the case may be; or (iii) if the review referred to in (i) or (ii) above has not been conducted, after the review at any other time as the Central Government deems fit in respect of such Member. Explanation: For the purposes of sub-rule (3), "review" means the review of the entire service record of the Member of the Serv