KATLASH CHANDRA AGARWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition has been filed by the petitioner for quashing the order dated 25 June, 1986 passed by the Madhya Pradesh Government compulsorily retiring him from service.

(2.) The petitioner joined the Judicial Service in Madhya Pradesh in January, 1962 as a Civil Judge Class II. He was promoted as a Civil Judge Class I and thereafter assumed the post of Additional District and Sessions Judge. In 1981, upon the creation of the Madhya Pradesh Higher Judicial Service the petitioner was absorbed in that service and posted as Additional Judge to the Court of the District Judge and Additional Sessions Judge.

(3.) When he attained the age of 57 years the question whether the petitioner should be continued in service was considered in a Full Court meeting of the Madhya Pradesh High Court. In May, 1986 the Full Court of twenty five Judges unanimously resolved that the petitioner should be retired in the public interest even before attaining the age of superannuation. The recommendation of the High Court was conveyed to the State Government, and the State Government passed an Order No. F.TWO/8/86/21A (C.S.) dated 25th June, 1986 retiring the petitioner. The order was made under R. 56(3) of the Fundamental Rules. The petitioner was allowed pay and allowances in lieu of three months' notice.