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november 1985

Supreme Court of India · 1985-11-04

S.C. JAIN vs STATE OF HARYANA AND ANR.

Citation / case number
SC 1984/68508
Court
Supreme Court of India
Petitioner
S.C. JAIN
Respondent
STATE OF HARYANA AND ANR.
Author
R.B. MISRA
Bench
R.B. MISRA

Judgment text excerpt

The Supreme Court held that Rule 3.26(c) of the Punjab Civil Service Rules, which mandates that Superintending Engineers must retire at the age of 58, provides immunity from premature retirement under Rule 3.26(d) for those who have attained that rank. The Court quashed the premature retirement order of the appellant, affirming that the special rule overrides the general rule, and ordered that he be deemed in continuous service with entitlement to salary and benefits. The High Court's dismissal of the writ petition was set aside, reinforcing the principle that special provisions govern over general ones.

S.C. JAIN vs STATE OF HARYANA AND ANR. · Niyam