TAKHATRAY SHIVDATRAY MANKAD vs STATE OF GUJARAT

The Supreme Court held that Rule 3(i) of the Saurashtra Covenanting States Servants (Superannuation age) Rules, 1955, which allows for retirement at 55 years unless directed otherwise, cannot be interpreted to permit retirement before this age without a minimum service period. The Court found that the application of the Bombay Civil Service Rules, which allowed for earlier retirement, violated Section 115(7) of the States Reorganisation Act, 1956, as it was done without Presidential assent. The Court reversed the High Court's decision, establishing that rules permitting compulsory retirement without a minimum service requirement are invalid.