Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1989

Supreme Court of India · 1989-08-10

SENIOR SUPDT. OF POST OFFICE & ORS. vs IZHAR HUSSAIN

Citation / case number
SC 1974/60372
Court
Supreme Court of India
Petitioner
SENIOR SUPDT. OF POST OFFICE & ORS.
Respondent
IZHAR HUSSAIN
Author
KULDIP SINGH
Bench
KULDIP SINGH

Judgment text excerpt

The Supreme Court held that Rule 2(2) of the Liberalised Pension Rules, 1960, which allows for compulsory retirement after 30 years of service without guidelines, is invalid as it grants absolute discretion to the Government and lacks safeguards against arbitrary use. The Court distinguished this from Fundamental Rule 56(j), which permits premature retirement only in 'public interest' and provides necessary guidelines. The appeal was dismissed, affirming the Division Bench's ruling that Rule 2(2) is ultra vires Articles 14 and 16 of the Constitution.

SENIOR SUPDT. OF POST OFFICE & ORS. vs IZHAR HUSSAIN · Niyam