Supreme Court of India · 1987-07-24
A.L. AHUJA vs UNION OF INDIA
- Citation / case number
- SC 1981/63624
- Court
- Supreme Court of India
- Petitioner
- A.L. AHUJA
- Respondent
- UNION OF INDIA
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that Fundamental Rule 56(j) applies to Government servants in Class I or Class II service, regardless of whether they hold their posts substantively, temporarily, or in an officiating capacity. The Court overruled the previous decision in Union of India v. K.R. Tahiliani & Anr., which limited the application of this rule to those in substantive posts. The petitioner's compulsory retirement was challenged and allowed, directing payment of salary and allowances until normal superannuation, affirming that officiating service is included under the ambit of the rule.