N.C. DALWADI vs STATE OF GUJARAT

The Supreme Court held that Rule 161(1)(a) of the Bombay Civil Services Rules, 1959, which allows for compulsory retirement at age 55, is discriminatory and violates Article 311(2) of the Constitution. The Court found that the appellant, who was officiating as Superintending Engineer, had attained the rank necessary for normal superannuation at 58 years, and thus the order for compulsory retirement was arbitrary. The Court struck down the retirement order and deemed the appellant to have retired at the age of 58.