Featured image for Supreme Court Judgment dated 08-08-2017 in case of petitioner name P.D. Goel vs High Court of Himachal Pradesh
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Retirement Age of Judicial Officers: Supreme Court Strikes Down Premature Retirement

The case of P.D. Goel vs. High Court of Himachal Pradesh is a landmark ruling by the Supreme Court of India that deals with the retirement age of judicial officers and the authority of the appointing body in service termination. The appellant, a former District and Sessions Judge in Himachal Pradesh, challenged his premature retirement at 58 years instead of the prescribed 60 years. The Supreme Court ruled in favor of the appellant, holding that his retirement at 58 years was without legal authority and that he was entitled to all service benefits until he attained 60 years.

The ruling clarifies the role of the Governor in matters of judicial service termination and upholds the principle that retirement decisions must be backed by legal provisions. This case sets an important precedent for judicial officers and reinforces constitutional safeguards against arbitrary service terminations.

Background of the Case

The appellant, P.D. Goel, was appointed as a Sub-Judge on 14.01.1975 and was later inducted into the Higher Judicial Service on 19.04.1995. He was granted selection grade on 20.11.2003. However, he was informed of an adverse entry in his Annual Confidential Report (ACR) for the year 2003-2004. The appellant sought clarification, and after prolonged correspondence, the Full Court of the High Court conveyed that the adverse entry was not based on any specific record of his service.

Despite this, his date of retirement was recorded as 31.07.2005 (when he completed 58 years) instead of 31.07.2007 (when he would have completed 60 years as per Rule 14 of the Himachal Pradesh Judicial Service Rules, 2004).

The appellant filed a writ petition before the Himachal Pradesh High Court, which initially ruled in his favor. However, a Division Bench reversed the decision, leading to the present appeal before the Supreme Court.

Key Legal Issues

  • Whether the appellant was entitled to serve until 60 years as per Rule 14 of the Himachal Pradesh Judicial Service Rules.
  • Whether the High Court had the authority to retire the appellant without an order from the Governor.
  • Whether the retrospective order of retirement passed by the Governor on 31.01.2017 was legally valid.
  • Whether the appellant was entitled to full salary and service benefits until he attained the age of 60 years.

Arguments by the Petitioner (P.D. Goel)

The petitioner, represented by senior counsel, argued:

  • The Governor of Himachal Pradesh is the appointing authority, and only the Governor has the power to retire a judicial officer.
  • The High Court’s recommendation for retirement at 58 years was unlawful as it was not backed by an order from the Governor.
  • Rule 14 of the Himachal Pradesh Judicial Service Rules, 2004, clearly prescribes the retirement age as 60 years.
  • The retrospective order passed by the Governor in 2017, retiring the appellant effective from 2005, was legally impermissible.
  • The appellant should be granted salary, allowances, and all service benefits up to 60 years, as he was unlawfully retired.

Arguments by the Respondent (High Court of Himachal Pradesh)

The High Court, through its counsel, countered:

  • The High Court has control over judicial officers and can recommend retirement under judicial service rules.
  • The adverse entry in the appellant’s ACR justified the decision to retire him at 58 years.
  • The Division Bench’s ruling treated the High Court’s decision as a recommendation to the Governor, which was later formalized by the Governor’s order in 2017.
  • The appellant was not entitled to claim service benefits for the period beyond his retirement in 2005.

Supreme Court’s Judgment

The Supreme Court, in a judgment delivered by Justice J. Chelameswar and Justice S. Abdul Nazeer, ruled in favor of the appellant and struck down his premature retirement.

1. Governor’s Authority is Supreme

The Court held that only the Governor, as the appointing authority, could have issued the retirement order. The High Court lacked the authority to unilaterally retire the appellant:

“The High Court is only the recommending authority in this respect. The Governor has not passed an order retiring the appellant at the age of 58 years. Therefore, it cannot be said that the appellant retired at 58 years.”

2. Retrospective Retirement is Impermissible

The Court found the retrospective order passed in 2017, retiring the appellant from 2005, to be legally flawed:

“The Himachal Pradesh Judicial Service Rules, 2004, do not provide for retrospectively retiring judicial officers. The order of retirement issued in 2017 cannot take effect retrospectively from 2005.”

3. Full Salary and Benefits Until Age 60

The Court ruled that the appellant must be treated as retired at the age of 60 years and granted full service benefits:

“The appellant is entitled to his salary, allowances, and all other consequential benefits till 31.07.2007.”

4. High Court’s Recommendation Cannot Be Treated as Final

The judgment reaffirmed that while the High Court exercises control over judicial officers, it does not have the final authority in matters of termination or retirement:

“The control vested in the High Court, though absolute and exclusive, must be exercised without usurping the power vested in the executive under the Constitution.”

Key Takeaways from the Judgment

  • Judicial officers cannot be retired without an order from the Governor: The appointing authority has the final say in service termination.
  • Retrospective orders for retirement are impermissible: A government order cannot be issued retrospectively to validate an illegal retirement.
  • High Court’s role is advisory, not executive: While the High Court can recommend retirement, it cannot enforce it.
  • Full salary and benefits must be paid: An unlawfully retired officer is entitled to all service benefits until their rightful retirement age.

Impact of the Judgment

This ruling has far-reaching consequences for judicial officers and public service employees in India. It ensures that:

  • Government employees are protected from arbitrary retirements.
  • The Governor’s role as the final authority in judicial service matters is upheld.
  • Service rules must be followed strictly without deviation.
  • Retrospective termination orders cannot be used to validate unlawful actions.

Conclusion

The Supreme Court’s judgment in P.D. Goel vs. High Court of Himachal Pradesh sets a crucial precedent in service law. By striking down the premature retirement order and granting full service benefits to the appellant, the ruling safeguards the rights of judicial officers and upholds the principles of fair governance.

This decision reinforces that service terminations and retirements must be carried out strictly in accordance with legal provisions, ensuring justice for public servants across India.

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