E. VENKATESWARA RAO NAIDU vs UNION OF INDIA

The Supreme Court held that the Office Memorandum dated November 30, 1962, which raised the age of compulsory retirement for Central Government servants from 55 to 58 years, was effective immediately and did not require subsequent amendment of the Fundamental Rules to be enforceable. The Court clarified that the appointing authority retains the power to retire a government servant at 55 years with notice, as per the provisions of the Office Memorandum. The notice of compulsory retirement issued to the appellant was valid despite the amendment of the Fundamental Rules occurring shortly before the notice was served, affirming the legality of the retirement notice under Article 309 of the Constitution of India.