https://www.taxtmi.com/caselaws?id=183458 A compulsory retirement order under Rule 5.32(b) of the Punjab Civil Services Rules was held unsustainable because the rule was materially identical to a provision earlier struck down as inconsistent with constitutional protection against arbitrary compulsory retirement; the order made under it was therefore void and inoperative. The Court also held that dismissal of an earlier writ petition did not create constructive res judicata to bar a later suit challenging the retirement order, because a question of constitutional validity is not deemed concluded merely because it was not raised earlier, and a rule later declared unconstitutional cannot sustain a bar to fresh challenge. The appellant's decree was restored. en-us Thu, 21 Sep 1995 00:00:00 +0530 Fri, 10 Jun 2016 10:45:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183458 A compulsory retirement order under Rule 5.32(b) of the Punjab Civil Services Rules was held unsustainable because the rule was materially identical to a provision earlier struck down as inconsistent with constitutional protection against arbitrary compulsory retirement; the order made under it was therefore void and inoperative. The Court also held that dismissal of an earlier writ petition did not create constructive res judicata to bar a later suit challenging the retirement order, because a question of constitutional validity is not deemed concluded merely because it was not raised earlier, and a rule later declared unconstitutional cannot sustain a bar to fresh challenge. The appellant's decree was restored. Case-Laws Indian Laws Thu, 21 Sep 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183458