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

october 1989

Supreme Court of India · 1989-10-17

UNION OF INDIA & ORS. vs SHAIK ALI

Citation / case number
SC 1989/72451
Court
Supreme Court of India
Petitioner
UNION OF INDIA & ORS.
Respondent
SHAIK ALI
Author
A.M. AHMADI
Bench
A.M. AHMADI

Judgment text excerpt

The Supreme Court upheld the Central Administrative Tribunal's decision, stating that the order of premature retirement under Rule 2046(h)(ii) of the Indian Railway Establishment Code was invalid as the respondent had not attained the age of 55 years. The Court emphasized that the authority failed to verify the age requirement, which is a prerequisite for invoking the rule. The Court also noted that even if the order was based on the Liberalised Pension Rules, the necessary conditions were not met, thus affirming the Tribunal's ruling to set aside the premature retirement order.

UNION OF INDIA & ORS. vs SHAIK ALI · Niyam