Abdur Rahim Ahmed Vs. State of Mysore

labour and industrial - compulsory retirement - rule 285 of mysore civil services rules and article 235 of constitution of india - order compulsorily retiring petitioner-(member of judicial service) challenged - allegedly petitioner was member of subordinate judiciary and controlling authority under article 235 being high court so governor was not competent to make impugned order - two requirements for compulsory retirement are that officer has completed 25 years of service or attained 50 years of age and that it is in public interest to dispense with his further service - no obligation on government to disclose to official who is proposed to be retired compulsorily materials on basis of which it comes to conclusion that his retirement is in public interest - petitioner not entitled to ask for materials on basis of which government reached conclusion that his retirement was in public interest - no obligation on government to have heard petitioner before it came to conclusion that compulsory retirement of petitioner was necessary in public interest - rule 285 does not expressly provide that official who is sought to be retired compulsorily should be heard before government order such retirement and no obligation to hear such official can reasonably be implied - impugned order justified. - limitation act (36 of 1963)section 5: [n.k.patil,j] order rejecting application for re-grant of inam property appeal against was filed after inordinate delay of 23 years explained by petitioners saying that they came to know about impugned order only after 23 years however, no statement made as to their source of information held, explanation offered by petitioners does not inspire confidence of court. petitioners duty bound to explain delay satisfactorily by assigning cogent reason and showing bona fide. delay not condoned. orderchandrashekhar, j.1. the petitioner was a member of the mysore judicial service holding the rank of civil judge. in the normal course he should have retired on 4 may, 1967 on his attaining the age of superannuation, i.e., 55 years. on 14 october, 1966, the governor of mysore made the following order retiring him compulsorily under note 1 to rule 285 of the mysore civil services rules :