A.L. AHUJA versus UNION OF INDIA

Citation: [1987] 3 S.C.R. 632 · Decided: 24-07-1987 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Case Allowed

Judgment (excerpt)

A.L. AHUJA 
£-"~ 
A 
v. 
UNION OF INDIA 
JULY 24. 1987 
B [RANGANATH MISRA, M.M. DUTI AND M.H. KANIA, JJ.] i. , 
Fundamental Rules-R.56(j) (i)-Applies to Government servants 
~· 
in Class I or Class II Service or post, whether on substantive, tempor-
ary or officiating basis. 
-
c 
Fundamental Rule S6(j) confers power on the appropriate autho-
rlty to compulsorily retire a Government servant, if It is in the public 
. 
Interest to do so, by giving 3 months' notice or 3 months' pay and 
y 
allowances in lieu of such notice; while sub-el. (i) thereof states that a 
' 
public servant in class I or class II service or post who had entered 
service before attaining the age of JS years can be retired after he has 
D attained the age of SO years, sub-cl. (li) thereof states that any other 
.. 
public servant can be retired after he has attained the age of SS years. 
~ 
In Union of India v. K.R. Tahiliani & Anr., Ibis Court had beld that 
F.R. S6(j) is meant to cover only those who ·are in a post on a regular 
basis, I.e., In a substantive capacity, and not on an ofticlating basis 
only. Basing his case on this decision, the petitioner, who had been 
E 
compulsorily retired while working in a class II post In an ofticiating 
capacity, challenged the order of his compulsory retirement. 
.1--
Overruling the decision in Union of India v. K. R. Tahiliani & 
Anr., but, allowing the petition on the ground that the Delhi High 
'y ' 
Court, relying upon that de~lsion, had granted relief to persons simi· 
F 
larly placed as the petitioner, and, dlreding payment of his salary and 
allowances upto the date of his normal superannuation, 
HELD: Sub-clause (i) of r. 56(j) of the Fundamental Rules 
applies to Government servants in Class I or Class II service or post on 
substantive, temporary or officiating basis. [638E·F] 
G 
"' 
' 
There ls no reference to officiating service in sub-cl. (i). The rele· 
vant words used in sub.cl. (I) are "lf he ls in Class I or Class II service 
or post." A person can be in CIBS1; I or Class II service or post even 
when he holds a post of either class substantively or temporarily or on 
omclatlng basis. Instances are abundant where officers are promoted to 
H Class I or Class II service or post of such class on officiating basis and 
632 
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_. J 
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'y 
) 
A.L. AHUJA v. U.0.1. 
633 
such omciatlon lasts for a number of years. Officiating promotion cer-
A 
tainly does not confer a right to the post and at any time the Govern· 
ment servant may be sent hack to his substantive post. There is, how· 
ever, no reason why sub-cl. (i) should be confined to service or post held 
on substantive basis. It is not disputed that a person who is in Class I or 
Class II service or post is in such service or post as covered by sub-cl. 
(I). The possibility of such Incumbent being sent back to the substantive 
B 
post Is not at all relevant In the matter of exercising powers of com· 
pulsory retirement. If the officiation Is not brought to an end by revert· 
ing the Government servant to his substantive post before the power of 
compulsory retirement is exercised, the Government servant concerned 
must be taken to be in Class I or Class II service or post at the relevant 
time and would come within the ambit ofsuh·cl. (i). There is no warrant C 
for the conclusion that officiating Government servants In Class I or 
Class II service or post are outside the purview of sub-cl. (I). The 
possibility of a reversion to the substantive post is not germane to the 
exercise of power contained in F.R. 56. [637F·H; 638A·Cl 
The purpose of F.R. 560) is to confer power on the appropriate D 
authority to compulsorily retire a Government servant in the public 
interest and the classification of Government servants into two 
categories covered by sub-els. (i) and (ii) has a purpose behind it. If the 
condition Indicated in sub-cl, (I) is satisfied, namely, the Government 
servant Is In Class I or Class II service or post and he had entered 
into service before attaining the age of 35 years, and has attained 
E 
the age of fifty, the further condition that be must substantively 
belong to the two classes of service or post cannot be Introduced 
into the scheme. The purpose of the sub-clauses Is to classify 
Government servants into two categories and suh·cl. (i) takes within its 
sweep those Government servants who at the relevant time are in Class 
I or Class II service or post, whether substantively, temporarily or on F 
officiating bas

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