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S.S. Sandhu Vs. Union of India and anr.

Court : Delhi

Subject : Service

Acts : General Financial Rules - Rule 79(2)

Reported in : 1983(5)DRJ40; 1983RLR313; 1983(1)SLJ475(Delhi)

genuine bona fide clerical mistake in recording the date of birth, the same can be ameneded under Fundamental Rule 56.(7) The petitioner filed a rejoinder affidavit, in which it was pointed out that even in the Naval Discharge … 2)th April, 1927. It was claimed that under Rule 80(3) read with Rule 79(2) of the General Financial Rules, a person who had been in Military Service and was subsequently employed in a Civil department would have

Ram Autar Pandey Vs. State of Uttar Pradesh and anr.

Court : Allahabad

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 16, 309, 311(2) and 367; General Clauses Act - Sections 21; Uttar Pradesh Fundamental Rules - Rule 56

Reported in : AIR1962All328; (1962)ILLJ148All

27-11-1957 (hereafter referred to as 1957 notification) the figure '58' was substituted for the figure 55' in Fundamental Rule 56. According to this notification, the petitioner could remain in service till the completion of 58 years. It was … at present occupying the post of Record Keeper in the said judgeship. Under Rule 56of the U. P. Fundamental Rules, it was laid down that the date of compulsory retirement of a Government servant is the date on

P.R. Nayak Vs. Union of India (Uoi)

Court : Supreme Court of India

Subject : Service

Acts : All India Services (Discipline and Appeal) Rules, 1969 - Rule 3 and 3(1)

Reported in : AIR1972SC554; 1972LabIC313; (1972)ILLJ535SC; (1972)1SCC332; [1972]2SCR695

the short point that the order suspending the appellant is bad, being violative of the relevant statutory rule.10. Fundamental Rules, to regulate the conditions of service of civil servants in India, were made by 'the Secretary of State … He arrived in India on November 25, 1935. It is not disputed before us that according to Fundamental Rule 56(f) the appellant as a member of the Indian Civil Service had to retire after 35 years' of service

Smt. Leela Sharma Vs Govt. of Nct of Delhi and ors.

Court : Delhi

Subject : Delhi School Education

Acts : Delhi School Education Act, 1973 - Sections 11, 8(3) (i) ; Constitution of India - Article 226,

teachers of a private unaided recognized school are not government servants and there is no declaration making the Fundamental Rules applicable to them.15. In my considered view, there is a basic fallacy in the aforesaid argument. The teachers … questions for adjudication:(i) Whether a teacher in a recognized unaided private school can be compulsorily retired under Fundamental Rule 56(j) and not by way of penalty.(ii) If that be so, where does the remedy, if any, of the

Kashi Ram Ahirwar Vs. State of U.P. and Others

Court : Allahabad

Subject : Service

Acts : Uttar Pradesh Fundamental Rules - Rules 56 and 56(1); Constitution of India - Article 226; Uttar Pradesh Vigilance Establishment Act, 1965; Uttar Pradesh Fundamental Rule 56 (Amendment) Act, 1976

Reported in : 2001LabIC4036; (2001)2UPLBEC1563

immediate effect vide impugned order. The question is whether the impugned order is sustainable Clause (c) of Fundamental Rule 56 of the Financial Hand Book Vol. II Parts II to IV provides that the 'appointing authority' may at … or wants to retire, and the expression 'qualifying service' shall have the same meaning as in the relevant rules relating to retiring pension. (4) xxx xxx xxxxxx xxx' 6. Though the power of appointing authority under the

R.L. Butail Vs. the Union of India Through the Secretary, Ministry of ...

Court : Delhi

Subject : ServiceConstitution

Acts : Constitution of India - Articles 14, 16, 16(1), 311, 311(2) and 465-A; Fundamental Rules - Rule 56; Mysore Civil Services Rules, 1958 - Rules 95, 148(3), 149(3) and 285; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 11

Reported in : AIR1969Delhi15; ILR1969Delhi137; (1970)ILLJ147Del

to have been issued in exercise of the powers conferred by Clause (j). of Rule 56 of the Fundamental Rules, the petitioner, a permanent Director in the Central Water and Power Commission (Power Wing) New Delhi, was retired

Union of India and ors. Vs. Harendralal Bhattacharyya

Court : Delhi

Subject : ServiceProperty

Acts : Fundamental Rules - Rule 56

Reported in : 1983(5)DRJ310

of retirement. The Union of India has now appealed under Clause 10 of the Letters Patent.(13) Under Fundamental Rule 56(a) the normal age of retirement of a Government servant is 58 years. Bhattacharyya would have reached that age … accepted by the appropriate authority. Till the resignation is accepted by the appropriate authority in consonance with the rules governing the acceptance, the public servant concerned has locus poenitentiae but not thereafter.'Although this was a case of

Tek Chand Vs. Dile Ram

Court : Supreme Court of India

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 36(2), 100(1) and 116-A; Constitution of India - Article 191 (1); Central Civil Services (Pension) Rules, 1972 - Rule 48-A; Fundamental Rule 56; Bombay Civil Service Rules, Rule 161(2)

Reported in : AIR2001SC905; JT2001(2)SC114; (2001)2MLJ45(SC); 2001(1)SCALE471; (2001)3SCC290; [2001]1SCR527

of the period mentioned in the notice having regard to Rule 48-A read as a whole along with Fundamental Rules touching the question of voluntary retirement. 13. We have carefully considered the submissions made by the learned counsel … how the wasted votes would have been distributed among the contesting candidates. 4. Looking to the Fundamental Rule 56(k) and the Pension Rules the acceptance of voluntary retirement of Nikka Ram by competent authority was mandatory; in

Bharthari Prasad Vs. State of U.P. and Another

Court : Allahabad

Subject : Service

Acts : Uttar Pradesh Fundamental (Financial Handbook, Volume 2, Parts II to IV) Rules - Rule 56; Uttar Pradesh Judicial Officer (Retirement on Superannuation) Rules, 1992 (J.O.R. Rules) - Rules 1, 2 and 3; Constitution of India - Articles 309, 310 and 311; Uttar Pradesh Fundamental Rules 56 (Amendment and Validation) Act, 1970; Civil Service Regulations - Articles 465 and 465A; Indian Penal Code (IPC), 1860 - Sections 302

Reported in : 2000(2)AWC1606

these rules shall have effect notwithstanding anything to the contrary contained in Rule 56 of the Uttar Pradesh Fundamental Rules contained in the Financial Handbook, Volume II Parts II to IV, or any other rules made by the

Ram Pratap Shukla Son of Late Kewala Prasad Shukla Vs. State of U.P. T ...

Court : Allahabad

Subject : Service

Acts : Civil Service Regulation - Schedule - Articles 361, 424, 465 and 465(A); Civil Service (Classification, Control and Appeal) Rules, 1930 - Rules 3, 4, 40, 361, 368 and 370

Reported in : 2006(3)AWC2909

reliance has been placed upon Para 10 of the said judgment. The same is being reproduced below:10. Fundamental Rule 56 empowers the Government to compulsory retire a Government servant after he attains the age of 58 years. The … the employment of the petitioner was not on substantive character. It is further stated that after amendment of Fundamental Rules, 1956, by U.P. Act No. 24 of 1975 which allows retirement of a temporary employee also and provides