SUKHDEO Vs. COMMISSIONER AMRAVATI DIVISION AMRAVATI ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. This appeal by special leave arises from an order of compulsory retirement of the appellant dated 23/3/1990 made in exercise of Rule 65 (l) (b) of the Maharashtra Civil Services (Pension) Rules, 1982. The appellant had completed 30 years of service in Class III service but he had not completed 55 years of age. The government relying upon the adverse remarks in the reports for the years 1987-88 and 1988-89 exercised the above power to compulsorily retire the appellant from service. When he impugned the order in a writ petition which was subsequently transferred to the Maharashtra Administrative tribunal at Nagpur bench in TA No. 198 of 1992 by order dated 20/4/1993, the tribunal dismissed the application. Thus this appeal by special leave.

(3.) The government preserved power under Rule 10 (4 (b) to retire government servant which reads thus: