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1996 Supreme(SC) 900

K.RAMASWAMY, G.B.PATTANAIK
Sukhdeo – Appellant
Versus
Commissioner Amravati Division, Amravati, Another – Respondent


ORDER

Leave granted.

2. We have heard the counsel on both sides. This appeal by special leave arises from an order of compulsory retirement of the appellant dated March 23, 1990 made in exercise of Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982. The appellant had completed 30 years of service in Class III service but he had not completed 55 years of age. The Government relying upon the adverse remarks in the reports for the years 1987-88 and 1988-89 exercised the above power to compulsorily retire the appellant from service. When he impugned the order in a writ petition which was subsequently transferred to the Maharashtra Administrative Tribunal at Nagpur Bench at TA No.198/92 by order dated April 20, 1993, the Tribunal dismissed the application. Thus this appeal by special leave.

3. The Government preserved power under Rule 10(4)(b) to retire Government Servant which reads thus :

"any Government Servant who holds a post in Class III service of the State, either pensionable or non-pensionable, after he has attained the age of fifty five years."

The object of the compulsory retirement is to see that the inefficient and corrupt persons but no sufficient evidence wa











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