MEGHRAJ URKUDAJI TEMPLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the impugned Government Notice dated 23rd January, 1989 under Rule 10 (4) (a) (i) of the Maharashtra Civil Services (Pension) Rules, 1982, (hereinafter referred to as 'Pension Rules') for his premature retirement from Government Service. The present appeal is filed against the judgment dated 29th June, 1992 passed by the Maharashtra Administrative Tribunal at Bombay by which the appellant's petition for quashing the aforesaid notice was dismissed.

(2.) Rule 10 of the Pension Rules empowers the Government to prematurely retire a Government servant in public interest. Criteria or guidelines for such retirement are not spelt out under the Rule but are expressed under the Circulars dated 2nd September, 1977, 1st September, 1983 and 12th May, 1986. Prior to the aforesaid Notice dated 23rd January, 1989, Special Review Committee considered the appellant's case along with his confidential record for the period of seven years ending 1986-87 in the light of the criteria laid down in the Circular dated 12th May, 1986. In terms of the said Rule the appellant has challenged the impugned notice mainly on the ground that Circular dated 12th May, 1986 is not applicable to his case instead Circular dated 1st September, 1983 is applicable, under which there is no provision for a second review and review is only permissible before one reaches the age of 50 years. In this case this having not been done, it would be deemed to have been approved. Hence, subsequent review after crossing the age of 50 years would constitute to be the second review which is barred by the Circular dated 1st September, 1983. He further submits even if the aforesaid 1986 circular is applicable, he having been promoted as Deputy Superintendent Engineer from the post of Executive Engineer after 1986, which is a promotional post any adverse document would be deemed to have been wiped off. For all these reasons, the impugned Notice is liable to be quashed.

(3.) In order to appreciate the point it is necessary to refer to some essential facts.