https://www.taxtmi.com/caselaws?id=185175 Rule 2(2) of the Liberalised Pension Rules, 1950 conferred an unrestricted power on the Government to retire an employee after 30 years' qualifying service, without any public-interest standard or other guiding principle. The absence of a statutory safeguard meant the power could be exercised arbitrarily against similarly situated employees, unlike the controlled discretion under Fundamental Rule 56(j). Executive instructions and memoranda could not cure that constitutional defect or replace a legislative standard. The rule was therefore unconstitutional and invalid for violating Articles 14 and 16 of the Constitution. en-us Thu, 10 Aug 1989 00:00:00 +0530 Tue, 02 Aug 2016 17:41:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=185175 Rule 2(2) of the Liberalised Pension Rules, 1950 conferred an unrestricted power on the Government to retire an employee after 30 years' qualifying service, without any public-interest standard or other guiding principle. The absence of a statutory safeguard meant the power could be exercised arbitrarily against similarly situated employees, unlike the controlled discretion under Fundamental Rule 56(j). Executive instructions and memoranda could not cure that constitutional defect or replace a legislative standard. The rule was therefore unconstitutional and invalid for violating Articles 14 and 16 of the Constitution. Case-Laws Indian Laws Thu, 10 Aug 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=185175