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Delhi Court November 1975 Judgments

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Nov 05 1975

R.D. Malhotra Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-05-1975

Reported in: ILR1976Delhi414; 1976RLR448

Prakash Narain, J. (1) This petition under Article 226 of the Constitution of India primarily raises the question of the scope and applicability of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 vis-a-vis persons promoted to the Indian Administrative Service from State Civil Services. As an alternative and subsidiary question it also raises the point as to whether a member of the Indian Administrative Service can be compulsorily retired at any tune after be has attained the age of 50 years and if so at what point or points of time in his service. (2) The petitioner was born on August 29, 1919. He was recruted in the Punjab Civil Service (Executive Branch) in February, 1942 on the basis of a competitive examination. He was promoted to become a member of the Indian Administrative Service with effect from December 21, 1961 and with effect from November 1, 1966 was allotted to the State of Punjab. On July 1, 1971 the petitioner was served with a notice under sub-rule (3...


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