Supreme Court · 1976 INSC 10 · Decided 23 January 1976
I. N. Saksena v. The State of Madhya Pradesh
- Court
- Supreme Court of India
- Citation
- 1976 INSC 10 · [1976] 3 S.C.R. 237
- Case number
- CIVIL APPEAL No. 131/1971
- Decided
- 23 January 1976
- Bench
- A.N. RAY, M. HAMEEDULLAH BEG, R.S. SARKARIA, P.N. SHINGAL (4-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 245, 246, 309, 19(1)(f), 31(2), 226
Headnote
Constitution of India-Articles 245 & 246-Schedule seven-List II entrv 41---lnlerpretation of legislative entries-subsidiary or ancillary to subjeCt covered by e11trie.1-J11dicial function and legislative function-Whet!ier legi:-J- }ature can overrule a judicial pro1101111cen1e11t by a bare v,ias a District & Sessions Judge. By a Memorandum dated 28-2-1963, the State Government raised the age of compulsory retirement for Government servants to 58 years. The said Memorandum, however, empowered the Government to retire a Government servant after he attains tilel age of 5 5
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