MOHAN SINGH MALHI versus STATE OF PUNJAB

MOHAN SINGH MALHI versus STATE OF PUNJAB

The requirement of three months' notice prior to compulsory retirement under Rule 5.32(c)(i) of the Punjab Civil Service Rules, Vol. II is satisfied if the government servant is paid three months' salary and allowances in lieu of notice. Such payment places the government servant in an advantageous position as he is relieved from official duty during that period.

Parties
Appellant: Mohan Singh Malhi; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
25 March 1976
Procedural Posture
Civil Appeal / Appeal by Certificate From Full Bench of Punjab and Haryana High Court
Outcome
Appeal dismissed
Legal Topics
Compulsory Retirement, Payment in Lieu of Notice, Interpretation of Service Rules
Service Law Administrative Law Compulsory Retirement Payment in Lieu of Notice Interpretation of Service Rules

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Parties

Mohan Singh Malhi

Appellant

State of Punjab

Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From Full Bench of Punjab and Haryana High Court

Legal Issues

  1. 1 Whether under Rule 5.32(c) of the Punjab Civil Service Rules, Vol. II, the Government can retire an employee on or after attaining the age of 55 years by giving him three months' salary and allowances in lieu of three months' notice.

Ratio Decidendi

The requirement of three months' notice prior to compulsory retirement under Rule 5.32(c)(i) of the Punjab Civil Service Rules, Vol. II is satisfied if the government servant is paid three months' salary and allowances in lieu of notice. Such payment places the government servant in an advantageous position as he is relieved from official duty during that period.

Court Disposition

Appeal dismissed

Orders

  • The appeal fails and is dismissed. No order as to costs.