In Brief
P.D. Goel, a District Judge, was ordered retired by the High Court at age 58 under the Himachal Pradesh Judicial Service Rules, 2004. The Single Judge quashed this order as unlawful. The Division Bench treated it as a recommendation to the Governor, who then issued a retrospective retirement order in 2017. The Supreme Court held that only the Governor (as appointing authority) can retire judicial officers; the High Court can only recommend. Retrospective retirement is impermissible. The appellant must be treated as retired at age 60 (31.7.2007) and is entitled to all benefits till that date. The appeal was allowed, and the Governor's order was set aside.
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