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Compulsory Retirement Challenge

Prerogative Writs & Extraordinary Remedies

Definition

An Article 226 writ petition challenging an executive order retiring a public servant prematurely in the public interest, argued on the grounds that the order is punitive, based on uncommunicated adverse remarks, or passed arbitrarily without material evidence.

Example

In Baikuntha Nath Das v. Chief District Medical Officer, the Supreme Court established the principles governing judicial review of compulsory retirement orders, holding that courts will intervene if the order is mala fide or perverse.