GENERAL MANAGER, SOUTHERN RAILWAY, MADRAS vs T M. PARAMASIVAM

The Supreme Court held that the notification retiring the petitioner-respondent from service at the age of 58 was inoperative as he was entitled to retire at 60 under Rule 2046(b) of the Railway Establishment Code. The Court clarified that the conditions for higher retirement age must be fulfilled as of 31st March 1938, and since the petitioner was a temporary servant and not a provisional one, he did not meet the necessary criteria. The Court overturned the Madras High Court's decision, affirming the validity of the retirement notification.