LexS.C. JAIN versus STATE OF HARYANA AND ANR.
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727
S.C. JAIN
v.
STATE OF BARYANA AND ANR.
&OVEMBER 4, 1985
[E.S. VEM<ATARAl'JIAll ANL R.li. ~J:SRA, JJ.]
Punjab Civil Services Rules, Vnl. ll, Part ll, Rule 5.
32(c) and Punjab Civil Service Rules Vol. I Part I, Rule 3.26 (c)
and {d) - Premature retirement - Rule 3. 26 (c) - Applicability
of -
Whether Rule 3.26(c) provides immunity to Superintending
Engineers.
Rule 3.26 (c) of the Punjab Civil Service Rules Vol. I part
1 enacts: "The following are specisl rules applicable to P.W.D.
Officers :-
A
B
{,
1. Except as otherwise provided in this sub-clause,
r;
Government
employees
in the
Haryana
Service of
Engineers Class I (ll&R, 1.:s. 8lld Electricity) lllllSt
retire on reaching the age of 58 years, 8lld may be
required by the c JmPetent authority to retire on
reaching the age of 50 years if they have not attained
the rank of superintending Engineer.
E
The Respofldent - State of Haryana by its order No.ll/3-BR
(Estt)-6-81 dated 18 December 1981 retired the appellant, a
Superintending Engineer, prematurally after he attained the age
of 50 years in pursuance of the provisions contained in rule
5.32(c) of the Punjab Civil Service Rules, Vol.II Part II 8lld
Rule 3.26(d) of the Punjab Civil Services Rules, Vol. I, Part I
F
as applicable to the State of Baryana. The appellant's promotion
to higher and higher ·posts in quick succession in the past
unmistakably indicated thst the authorities were satisfied with
his work and integrity. He was
promoted to the post of
Superintending Engineer on 27th May 1971. The appellant made
several
representations
against
the
order
of
premature
G
retirement, but did not receive sny reply despite repeated
reminders. Ultimately, he challenged the impugned order of
premature retirement by a writ petition in the High Court of
Punjab and Baryana on the ground, inter alia, thst in view of the
clear provisions contained in rule 3.26(c) of Punjab Civil
Services Rules Vol. I, Part I (as applicable to Barysna), which
are special rules applicable to the Public works Department
h
728
SUPREl<JE COURT REFORTS
[1985] SUFP. 3 s.c.R.
A
Officers, the general rule contained in rule 3.26(d) empowering
the Govermnent to compulsorily retire a public servant has no
application 1.n his case. The High Court dismissed the writ
petition in limine.
II
c
Allowins the appeal,
Bl!LD: l. The order of the lligh Court dated 5th January, 1984
is set aside. The order of premature retirement dated ·18th
December 1981 is quashed. The appellant shall be deemed to be in
continuous service• He is entitled to his salary, emolument1 and
other consequential benefits to which he would have been entitled
to if he had not been prematurely retired. [738 G]
2.(i) Rule 3.26(c), which is a special rule applicable to
Govermnent employees in the Haryana Service of Engineers Class I,
will govern the case of the appellant as the speci..l overrides
the general. Admittedly, he was workins as the Superintending
Engineer for the last so many years on the date when the impugned
order of his premature retirement was passed by the Governor.
D
This rule provides an imnunity to the engineer who has attained
the rank of Superintendins Engineer. A bare perusal of the old
rules will also indicate that an eng1neer who has attained the
rank of Superintending Engineer in the B.w.n. (ll&R Branch) had
always the :Immunity ever· since the provision for premature
retirement came into force. The old correspondins rules do not
E
improve the position for the State-respondent. [734 E; 732 E]
2(ii) Rule 3.26(d) i.s applicable to all govermnent employees
but not to eng1neers of the P.w.n. for whom there is a special
rule. It is a supplement to rule 3 .26(a) because it supplies the
procedure to be adopted in case of premature retirement of other
F
C.overmnent servants. [735 E-F]
3. The headins 'Compulsory Retirement' is wide enough to
include premature retirement within its fold. Govermnent employee
in the Haryana service of Engineers has no right to continue in
service if he has reached the age of superannuation which is 58
G
years in the case of ensineers, He has perforce to retire unless
he has been granted an extension. Likewise an eng1.neer who bas
not reached the age of superaruruation but is made to retire
prematurely, his retirement is as much a compulsory retir=mt as
that of an employee who has attained the age of superannuation.
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