TaxTMI 
TaxTMI 
1977 (10) TMI 115
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....ed in his letter that although he served the requisite three months' notice he proposed to make over charge by the afternoon of 2nd August, 1976. On July 1, 1976, the Governor of Assam by a notification of that date was "pleased to allow Shri D. C. Sangma to retire from this State Govt. Service with effect from 2nd August, 1976 (afternoon) ". The High Court also allowed the appellant to go on one month's leave preparatory to retirement with effect from 2nd July, 1976, on which date he relinquished his charge of office. Meanwhile there were some quick developments at the Government's end. The Government sought to retrace its steps and passed an order on 28th July, 1976, countermanding its earlier order of July, 1., 1976, allowing him to retire from service with effect from 2nd August, 1976. Accordingly on 31st July, 1976, the High Court, also, squaring with the Government's order of 28th July, 1976, transferred the appellant from Dibrugarh to Dhubri and asked him to join there "immediately after the expiry of his leave". The appellant did not join at Dhubri as ordered by the High Court since', according to him, he voluntarily retired from service on and from 2n....
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....with sanction of the State Government on public grounds which must be recorded in writing, and proposals for the retention of a Government servant in service after this age should not be made except in very special circumstances. (b) Notwithstanding anything contained in these rules the appropriate authority may, if he 'is of the opinion that it is in the public interest to do so, retire Govt. servant by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice, after he has attained fifty years of age or has completed 25 years of service, whichever is earlier. (c) Any Govt. servant may, by giving notice of not less than three months in writing to the appropriate authority, retire from service after he has attained the age of fifty years or has completed 25 years of service, whichever is earlier". It is clear from the above that under F. R. 56(b) the Government may retire a Government servant in the public interest by giving him three months: notice in writing or three months pay and allowance,; in lieu thereof after he has attained the age of fifty years or has completed 25 years of service, whichever is earlier. ....
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....ishable, without prejudice to any action which may be taken against him under any other law for the time being in force, with imprisonment for a term which may extend to one year, or with fine or with both". Mr. Niren De drew our attention to section 37 of the Defence and Internal Security of India Act, 1971, which provides that "the provisions of this Act or any rule made thereunder or any order made under any such rule shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act". Before section 37 can be invoked it must be shown that there is something inconsistent between F. R. 56(c) and rule 119 of DISI Rules. The important question is whether Explanation 2 to rule 119, which is relied upon by the respondents, is at all attracted to the instant case. In other words, briefly put, does a Government servant in voluntarily retiring under F. R. 56(c) terminate his employment on the basis of express or implied term of his contract of employment ? Mr. Niren De submits that Article 310(2) supports his submission that the relationship ....
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....the Hindustan Construction Company Limited in the Haldia Dock Project" was declared by the Central Government an essential employment for the purpose of rule 119. It is because of the above mentioned third category of employment that Explanation 2 was considered necessary so as to extend the meaning of abandonment of employment by including the persons who by the terms of their contract could terminate their employment by notice. It goes without saying that in many employments, whether of private limited companies or public companies, contracts of employment are executed containing a terms or termination of employment by notice. Such cases of contractual employment are different from those of Government employees whose employment is a matter of status and not of ordinary contract. The conditions of service of a Government servant are regulated by statute or statutory rules made under Article 309 of the 613 Constitution. This Court observed in Roshan Lal Tandon v. Union India([1968] (1) S.C.R. 185.) as follows : "It is true that the origin of Government service is Contractual. There is an offer and acceptance in every case, But once appointed to his post or office the Go....