Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Officers Service Law Compulsory Retirement |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Service Law : Judicial Officers - Members of Higher Judicial Service - Service conditions - Retirement age - In 1992 Supreme Court directing the Central and State Governments to raise the age of retirement to 60 years - In 1993 case putting a rider that benefit of raised retirement age be given to only those, who in the opinion of the respective High Courts had a potential for continued useful service - Members of State Higher Judicial Service equated at par with IAS in respect of their service conditions by way of State GO dated 20.06.1992 - Central Government raised the age of retirement to 60 years to the IAS vide its OM dated 13. 5.1998 - State Government also raising the age of retirement of the members of the Higher Judicial Service to 60 years vide its GO dated 15. 5.1998 - Held, State cannot resort to compulsory retirement at the age of 58 years after raising the retirement age to 60 years by issuing GO dated 15. 5.1998 - Administrative Law - Doctrine of Promissory Estoppel - Constitution of India, Articles 312, 233 and 234. Compulsory retirement - Judicial review - Grounds for - Material particular and non application of mind - State Government compulsorily retired members of the State Higher Judicial Service under the judgment of this Court in 1993 - Retirement sought to be justified under the powers - vested in the State under Rule 75(aa) of the West Bengal Service Rules, Part I - No indication in the impugned orders of retirement that any aspect of public interest or ingredients of rule 75(aa) were taken into consideration while issuing the impugned orders - Held, the impugned orders were bad on account of non-application of mind and for want of material particulars mandatory for invoking rule 75(aa) - Administrative Law - Administrative action - Application of mind - Judicial review. |
Judge | Hon'ble Mr. Justice N. Santosh Hegde |
Neutral Citation | 1999 INSC 177 |
Petitioner | Rajat Baran Roy Etc. |
Respondent | State Of West Bengal And Ors. |
SCR | [1999] 2 S.C.R. 618 |
Judgement Date | 1999-04-13 |
Case Number | 578 |
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