Law: Civil Service Rules

Section: Vol.II,r.5.32

Law: Government of India Act, 1935

Section: 240

Law: Pensions Act, 1871

Section: 4

(a) Civil Services Rules (Punjab), Vol. II, r. 5.32--Compulsory retirement of Government servant-Civil Suit lies to contest order--­Pensions Act (XXIII of 1871), S. 4-Government of India Act, 1935, S. 240. The plaintiff, a Deputy Collector in the Irrigation Department, instituted a civil suit against the Punjab Province for a declara­tion that the order of compulsory retirement passed against him under rule 5.32 of Civil Services Rules (Punjab), Vol. 11 by the Provincial Government was ultra vires and inoperative. On objection by the defendant that the Civil Court has no jurisdiction to try the suit: Held that if the plaintiff had asked for an order that he was entitled to a pension at a higher rate than that granted to him, the case would have been bit by section 4 of the Pensions Act and the jurisdiction of the Courts would have been barred, but not being a suit relating to grant of pension, the suit is not barred by the provisions of the Pensions Act. The plaintiff contended that the order was in substance an order removing him from service and that as the provisions of section 240 of the Government of India Act, 1935, were not complied with before the impugned order was passed, the order was void and inoperative. In such suits there was no doubt that Civil Courts had jurisdiction. The High Commissioner for India and another v. I. M. Lall A I R 1948 P C 121 rel. (b) Civil Services Rules (Punjab), Vol. II, R.5.32 (b)--Government servant required by Government to retire after completing 25 years service but before age of superannuation­--Order does not amount to removal from service---Government of India Act, 1935, S. 240 (3) not applicable. In the face of rule 5.32 it cannot be reasonably urged that a Government servant governed by it is to retire at the age of 55 and not earlier. This rule read with the other relevant ones makes it clear that it is one of the conditions of service of every person governed by the Civil Services Rules (Punjab), First Edition, that he may be required by Government to retire after he has completed service for 25 years which qualifies him for pension though the ordinary age of retirement is 55 years. As the relevant rules in…

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