State of A.P. vs T.K. Seshadri and Another

The present appeal is from a judgment and order of the High Court of Andhra Pradesh dated 14-10-1982 setting aside the order of compulsory retirement of the respondent.

The first respondent, at the material time, was holding the post of temporary District Munsif in the Andhra Pradesh Judicial Service. He held a substantive post in the High Court Service. He had been working as temporary District Munsif since December 1967. By an order dated 4-10-1975, he was compulsorily retired in public interest on the recommendation of the High Court by an order of the Governor under Article 310(1) of the Constitution of India. The High Court has set aside this order by applying a decision of this Court in Union of India v. K.R. Tahiliani. The High Court also held that payment of three months'' salary in lieu of notice was a condition precedent to valid compulsory retirement and since the payment which was made inadvertently fell short of Rs 354, the order was bad.

In view of the High Court''s order, the first respondent was reinstated on 25-1-1983. On 26-2-1983, he retired on superannuation. Leave was granted by this Court on 3-2-1984 in view of the question of law involved.

The decision on which the High Court relied has been overruled by a Bench of three Judges of this Court in the case of A.L. Ahuja v. Union of India. The view taken by the High Court on the question of payment of three months'' salary as a condition precedent is also contrary to a decision of this Court in State of Orissa v. Balakrushna Satpathy where this Court has held that the validity of an order of compulsory retirement does not depend on prior full payment of three months'' salary as a prerequisite. The only right of the government servant under such an order is to get the amount of three months'' pay and allowances in lieu of such notice.

In view of the above decision, the appeal is allowed and the impugned order of the High Court is set aside. The salary and other benefits paid to the first respondent during the period over which he has worked will not be recovered.