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july 1987

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.

A.L. AHUJA vs UNION OF INDIA · Niyam