TARA SINGH ETC. ETC. versus STATE OF RAJASTHAN AND ORS.

TARA SINGH ETC. ETC. versus STATE OF RAJASTHAN AND ORS.

Compulsory retirement under Rule 244(2) of the Rajasthan Service Rules does not violate Articles 14, 19, 31, or 311. The rules and notes provide sufficient guidance and safeguards, and the delegation of power to Collectors is valid. Compulsory retirement is in public interest and is not punitive or arbitrary.

Parties
Petitioner: Tara Singh; Petitioner: Petitioners in W.Ps. 1353 and 270/73; Respondent: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
19 March 1975
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Decision by Supreme Court
Outcome
Petitions dismissed
Legal Topics
Compulsory Retirement, Public Employment, Delegation of Power, Fundamental Rights, Interpretation of Service Rules
Constitutional Law Service Law Compulsory Retirement Public Employment Delegation of Power Fundamental Rights Interpretation of Service Rules

Case Brief

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Parties

Tara Singh

Petitioner

Petitioners in W.Ps. 1353 and 270/73

Petitioner

State of Rajasthan and Ors.

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether compulsory retirement under Rule 244(2) of the Rajasthan Service Rules violates fundamental rights under Articles 14, 19, 31 and 311 of the Constitution
  2. 2 Whether the delegation of power to Collectors is excessive or invalid
  3. 3 Whether notes appended to service rules can guide and control discretion where the rules are silent

Ratio Decidendi

Compulsory retirement under Rule 244(2) of the Rajasthan Service Rules does not violate Articles 14, 19, 31, or 311. The rules and notes provide sufficient guidance and safeguards, and the delegation of power to Collectors is valid. Compulsory retirement is in public interest and is not punitive or arbitrary.

Court Disposition

Petitions dismissed

Orders

  • Writ petitions challenging compulsory retirement orders are dismissed.
  • Parties will pay and bear their own costs.