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march 1961

Supreme Court of India · 1961-03-16

KAILASH CHANDRA vs UNION OF INDIA

Citation / case number
SC 1960/52
Court
Supreme Court of India
Petitioner
KAILASH CHANDRA
Respondent
UNION OF INDIA
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court interpreted Rule 2046(2)(a) of the Railway Establishment Code, holding that while a ministerial servant may be compulsorily retired at 55, the authority has the discretion to retain him until 60 if he remains efficient, but is not obligated to do so. The Court affirmed the High Court's decision that the appellant had no right to continue in service beyond 55 years, even if efficient. The classification of ministerial servants based on retirement dates was deemed reasonable and not in violation of Article 14 of the Constitution.

KAILASH CHANDRA vs UNION OF INDIA · Niyam