MANI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the judgment and order dated 5-9-2002 of the High Court of Punjab and Haryana, by which the writ petition preferred by the appellant for quashing the order dated 6-11-1995 compulsorily retiring the appellant from service was dismissed.

(3.) The appellant, who was a Sub Inspector of Police, was served a notice dated 8-6-1989 by the Commandant, 3rd Battalion, Haryana Armed Police, by which he was informed that he had attained the age of 55 years on 9-6-1989 and as he was not considered fit to be retained in service beyond the said age, he was being given notice of three months as required under the provisions of Punjab Police Rule 18(1)(c) read with note below therein and Rule 5.32 of C.S.R. Vol. II and accordingly he will be deemed to have retired from service after the expiry of period of notice i.e. on 7-9-1989. The appellant challenged the aforesaid notice of compulsory retirement by filing Civil Writ Petition No. 9623 of 1989, which was allowed by a learned Single Judge on 5-5-1995 and the operative part of the order reads as under :