TaxTMI 
TaxTMI 
TaxTMI 
1987 (8) TMI 459
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....e point is one of general importance and arises frequently. It is, Therefore, desirable that it should be decided more authoritatively by a larger bench. Consequently, we refer this application for 1987 will continue till this application is finally decided." (2) The brief facts leading to this reference are these :- THE petitioner was appointed as an Assistant Teacher in the year 1951 ; promoted as Head Master in 1954 and further promoted as School Inspector in 1963 and Senior School Inspector in the year 1981. The petitioner was given Current Duty Charge of the post of Assistant Education Officer with effect from 8/1/1986. By order dated 23/7/1986, the petitioner was given the scale of Rs. 1200-1600 in the post of Assistant Education Officer with effect from the date on which he had taken Current Duty Charge of the said post up to 31/12/1986 or till the regular appointment was made or till further orders. (3) By office order dated 25/9/1986 passed by the respondent-corporation, the petitioner, who at that time was working as an Assistant Education Officer, was informed that he will stand retired from municipal service on attaining the age of superannuation, i.e. 58....
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....rs. (7) On the basis of the aforesaid judgment in Sheila Puri's case Mr. M.L. Bhargava, the learned counsel for the petitioner has vehemently urged that the case of petitioner is fully covered by the said judgment and the petitioner is also entitled to continue in service up to the age of 60 years. It has been contended that in view of the said judgment there can be no doubt about the legal position in so far as the age of retirement is concerned and the interim order should be granted staying the operation of the order dated 25/9/1986 and the petitioner should be permitted to continue in service up to the age of 60 years. (8) The application for staying the operation of the office order dated 25/9/1986 has been strenuously opposed on behalf of the respondent-corporation. Along with its reply, the respondent-corporation has filed an order dated 18/11/1985 passed by the Hon'ble Supreme Court of India while granting the petition for special leave to appeal, against the judgment in Sheila Puri's case. The order dated 18/11/1985 passed in Special Leave to Appeal (Civil) No. 8991/85 reads as under :- "MR. Soli J. Sorabjee, appearing for the petitioner states t....
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....dated 27/3/80, dismissed Civil Writ 205/80 Re : B.N. Chaudhary v. Commissioner of Mcd and others, involving similar questions. It was submitted that in Sheila Puri's case, the aforesaid earlier judgment should have been followed and in law it cannot be said that Chaudhary's case is not a precedent simply because the petition was dismissed in liming. The detailed reasoning was given in Chaudhary's case. Mr. Dattar, learned counsel for the respondent-corporation submitted that the learned Bench deciding Sheila Puri's case was itself not certain about the legal position and that is why the Bench observed that even if there is any doubt in the matter, it has to be resolved in favor of Smt. Sheila Puri on application of Article 14 of the Constitution. The submission is that on the peculiar facts of the case the Bench gave relief to Smt, Sheila Puri. The respondents have further contended that according to recruitment regulations the method. of recruitment for the posts of School Inspector is 50 per cent by promotion and 50 percent by direct recruitment. Likewise, according to the recruitment regulations, the method of recruitment for the post of Assistant Education Offic....
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.... to them i.e. 58 years. In the even of the rule being made absolute the respondents would be obliged to pay the petitioner the salary for two years or for such period after the age of 50 for which petitioner was not allowed to serve the Corporation. This would be necessary consequence of the writ petition being allowed and it would also be open to the Bench ultimately deciding the writ petition to even award interest to the petitioner in case such a case is made out and the writ petition is allowed. The petitioner can be duly compensated in the event of the ultimate success of the writ petition whereas, the respondent cannot be compensated in the event of the dismissal of the writ petition. The other employees of the Corporation, who are not before the court but are to be promoted on the retirement of the petitioner at the age of 58 years, would be adversely affected and there would be no way to compensate the said officers awaiting promotion on the retirement of the petitioner and other similarly situated employees. The interim order of stay would seriously affect junior persons in the Education Department who are due for promotion and stay if granted would cause total discontent ....