BAIDYANATH MAHAFATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Orissa Administrative Tribunal, Bhubaneswar dated 21-12-1987 dismissing the appellant's suit challenging his premature retirement from service.

(3.) The appellant, a qualified Electrical Engineer with training in West Germany, joined service of Orissa Government as an Assistant Engineer (Electrical) in 1955. In 1961 he was promoted to the rank of Executive Engineer (Electrical) and deputed to the Orissa State Electricity Board. In March, 1976 he was promoted to the post of Superintending Engineer (Electrical) on the basis of merit. In 1979 while working on the post of Superintending Engineer (Electrical) he was allowed to cross the Efficiency Bar with effect from 1-1-1979. He also officiated on the post of Chief Engineer (Electrical) in Orissa State Electricity Board. Since he had completed 50 years of age a Review Committee constituted by the Government of Orissa considered his service record in October, 1983 for determining his suitability for retention in service in accordance with the first proviso to R. 71(a) of the Orissa Service Code. On the recommendation of the Review Committee the State Government by its order dated 10-11-1983 prematurely retired the appellant from service. He filed a civil suit before the Subordinate Judge, Bhubaneswar challenging the validity of his premature retirement on a number of grounds. On the Constitution of the Orissa Administrative Tribunal the suit was transferred to the Administrative Tribunal, Bhubaneswar, under S. 29 of the Administrative Tribunals Act. The Tribunal by its order dated 21-12-1987 dismissed the suit and upheld the validity of appellant's premature retirement. Hence this appeal.