S MAHESWAR RAO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order of the Orissa Administrative tribunal, Bhubaneswar dated 21/12/1987 dismissing the appellants suit challenging his premature retirement from service under the State government order dated 11/11/1983.

(3.) The appellant joined service under the Orissa State government as Junior Engineer (Electrical) in 1955. He was promoted to the post of Executive Engineer (Electrical) in 3963. In 1978 he was promoted to the post of Superintending Engineer (Electrical) on merit and selection. While he was working as Superintending Engineer (Electrical) he completed 50 years of age. A Review Committee constituted by the State government scrutinised the appellants case for considering his retention in service beyond the ge of 50 years as contemplated by the first proviso to Rule 71 (a) of the Orissa Service Code. the Review Committee considered the appellants service record on 11/10/1983 and made recommendation to the government that his retention in service was not in public interest. Pursuant to the recommendation of the Review Committee the State government issued orders on 10/11/1983 prematurely retiring the appellant from service. He challenged the validity of the order by means of a civil suit before the Subordinate Judge, Bhubaneswar, but the suit was later on transferred to the Administrative tribunal, Bhubaneswar under S. 29 of the Administrative tribunals Act. the tribunal dismissed the suit and upheld the validity of the order of premature retirement. Hence this appeal.