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march 1954

Supreme Court of India · 1954-03-30

SHYAM LAL vs 1. THE STATE OF UTTAR PRADESH2. THE UNION OF INDIA

Citation / case number
SC 1953/1451
Court
Supreme Court of India
Petitioner
SHYAM LAL
Respondent
1. THE STATE OF UTTAR PRADESH2. THE UNION OF INDIA
Bench
MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court held that Article 465-A and Note 1 of the Civil Service Regulations apply to officers, validating compulsory retirement after 26 years of service as per Rule 4 published on 15th November 1919, confirmed by Section 96-B of the Government of India Act, 1919. The Court ruled that compulsory retirement does not equate to dismissal or removal under Article 311 of the Constitution, as it lacks any stigma or imputation of misbehaviour, and does not affect the officer's entitlement to earned pension. The judgment clarified that dismissal involves punishment and loss of benefits, unlike compulsory retirement which preserves accrued benefits.

SHYAM LAL vs 1. THE STATE OF UTTAR PRADESH2. THE UNION OF INDIA · Niyam