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1992 Supreme(SC) 272

YOGESHWAR DAYAL, S.RANGANATHAN, V.RAMASWAMI
Posts And Telegraphs Board – Appellant
Versus
C. S. N. Murthy – Respondent


Advocates:
C.V.SUBBA RAO, R.VENKATARAMANA, RANI CHHABRA, S.M.GARG, T.LAJAPATHI ROY, V.C.MAHAJAN

JUDGMENT

RANGANATHAN, J.:- The respondent, C.S.N. Murthy, was an Assistant Engineer in the Telecommunications Training Centre at Hyderabad. He was normally due to retire from service in 1980. However, the provisions of Rule 560(j) of the Fundamental Rules were invoked in his case. A high powered committee consisting of the Secretary to the Ministry of Finance and the Joint Secretary to the Cabinet Secretariat reviewed the service records of 96 persons belonging to the Department. The committee recommended, on an overall assessment of the confidential records, that there was no justification for continuing the petitioner and two others (with whom we are not here concerned in service. Accepting the recommendations of the committee, the Posts and Telegraphs Board issued a notice on the respondent on 19-10-73 giving him notice of compulsory retirement under Fundamental Rule 560 (J) with effect from the expiry of three months from the date of service of the notice on him Consequent thereupon, the respondents services came to an end, by way of compulsory retirement, in February, 1974.

2. The respondent filed a writ petition in the Andhra Pradesh High Court challenging the validity of the













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