Premature retirement under FR 56(j) quashed due to flawed Review Committee composition, lack of material for doubtful integrity/ineffectiveness, and untimely review near superannuation.

O R D E R

Per: Mr. Anindo Majumdar, Administrative Member:

The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985 before this Tribunal praying for the following relief(s):

“a) An Order do issue directing the respondents to act and proceed in accordance with the provisions of law;

b) An Order do issue quashing and/or setting aside the Office Order No. 343/2025 dated 09.09.2025 issued by the respondent No. 2 causing premature retirement of the Applicant with effect from 02.01.2026 by invoking the power under FR 56(j) of FRSR;

c) An Order do issue directing the respondents to allow the applicant to continue his service under the respondents with all consequential benefits flowing therefrom;

d) An Order do issue directing the respondents to hold and declare the applicant herein does not fall under any of the categories warranting his premature retirement from the services of the respondents, going by his unblemished record of service in the Zoological Survey of India/Kolkata;

e) To grant all consequential benefits;

f) Certify and transmit the entire records and papers pertaining to the applicant's case so that after the causes shown thereof conscionable justice may be done unto the applicant by way of grant of reliefs as prayed for in (a), (b), (c), (d), (e) above;

g) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

2. Facts of the case:

2.1 The applicant is an employee of the Zoological Survey of India (ZSI) and holds the post of Field Assistant.

2.2 The applicant is due to retire from service on 31.1.2027. The Director, Zoological Survey of India, Kolkata has, vide Office Order No. 343/2025 dated 08.09.2025 (Annexure A-2) issued notice to the applicant informing him that in exercise of the power conferred upon her by the clause (j) of Rule 56 of the Fundamental Rules, the applicant shall retire from service on the forenoon of 02.01.2026. Aggrieved by the said order, the applicant has filed this Original Application seeking the above mentioned relief(s).

2.3 When this O.A. was heard on 07.11.2025 at admission stage, this Tribunal had directed the respondents had observed as under:

“From persual of the records, it is noted that no such opportunity has been granted by the authority to show cause against the said decision of pre-mature retirement. Therefore, we direct the respondents to bring on record the Committee Report and the Service Book of the applicant by the next date of hearing.

2.4 On the next date of hearing i.e. on 22.12.2025 the respondents were directed to file a Supplementary Affidavit along with any relevant material needed for adjudication of the matter. The respondents were also directed not give effect to the impugned order dated 09.09.2025.

2.5 The respondents filed a Supplementary Affidavit on 09.01.2026 and the same was taken on record. At hearing

3. Heard Ld. Counsel for both the parties and considered the material on record.

4. The submissions made by the Ld. Counsel for the applicant are summarized below:

4.1 The scheduled date of retirement of the applicant from service is 31^st January, 2027. The respondents have issued notice to the applicant to prematurely retire him from service w.e.f. 02.01.2026 under the provisions of FR 56(j) at a time when he is about to attain the age of 59 years and the same is impermissible as per the time schedule laid down for conduct of periodical review under FR 56(j). The app