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october 1984

Supreme Court of India · 1984-10-26

HANS RAJ vs STATE OF PUNJAB AND ORS.

Citation / case number
SC 1978/90347
Court
Supreme Court of India
Petitioner
HANS RAJ
Respondent
STATE OF PUNJAB AND ORS.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that Rule 3(1)(a) of the Punjab Civil Services (Premature Retirement) Rules, 1975 requires the authority to determine if it is in public interest to retire an employee who has completed 25 years of qualifying service. The Court found that the impugned order did not indicate that the decision was made in public interest, constituting a non-application of mind, and thus vitiated the order. The appeal was allowed, overturning the High Court's decision that had upheld the premature retirement based on the condonation of break in service.

HANS RAJ vs STATE OF PUNJAB AND ORS. · Niyam