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april 1964

Supreme Court of India · 1964-04-01

GURDEV SINGH SIDHU vs STATE OF PUNJAB AND ANR.

Citation / case number
SC 1963/57
Court
Supreme Court of India
Petitioner
GURDEV SINGH SIDHU
Respondent
STATE OF PUNJAB AND ANR.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that Article 9.1 of the Pepsu Services Regulation, which allowed compulsory retirement after ten years of service, contravened Article 311(2) of the Constitution and was therefore struck down. The Court established that the only valid exceptions to the protection under Article 311(2) are retirement upon reaching the age of superannuation or compulsory retirement under rules that prescribe a reasonable period of service. The judgment emphasized that a rule allowing compulsory retirement after a fixed period cannot be framed without violating the constitutional protections afforded to permanent public servants.

GURDEV SINGH SIDHU vs STATE OF PUNJAB AND ANR. · Niyam