VidhiSangh

Supreme Court of India · 08/08/2017

P. D. GOEL versus HIGH COURT OF HIMACHAL PRADESH THROUGH ITS REGISTRAR GENERAL

[2017] 7 S.C.R. 523 · 2017 INSC 715

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Summary

The High Court could recommend, but could not itself order, a district judge’s retirement at 58. A Governor’s order passed years later could not retrospectively validate that retirement when the service rules conferred no such power. The judge was treated as serving until the normal retirement age of 60 and awarded consequential benefits.

Issues

  1. Whether a later Governor’s order could retrospectively validate the High Court’s unauthorised retirement of a judicial officer.

Held

Result

Appeal allowed without costs; Division Bench order set aside to the relevant extent and Governor’s order set aside. Salary, allowances and consequential benefits through 31 July 2007 payable within three months of receipt of the judgment.

Judgment PDF: Supreme Court of India, [2017] 7 S.C.R. 523.