MOTILAL SAHU Vs. CHHATTISGARH ELECTRICITY BOARD

JUDGEMENT

(1.) THIS petition has been filed under Articles 226, 227 of the Constitution of India challenging legality of the order dated 29-1-1996 (Annexure P-4) whereby the date of retirement of the petitioner has been changed to the retrospective date from 14-1994 to 30-6-1988.

(2.) THE facts in nutshell and relevant for the purpose of this petition are that the petitioner was appointed as Lineman Grade-II by the Superintendent Engineer, MPEB, Rajnandgaon and continued to work as Lineman Grade-II till by order dated 1-1-1994 (Annexure P-1), he was retired from services w.e.f. 1-1-1994 on attaining the age of superannuation. THE respondents by order dated 29-1-1996 cancelled the order dated 1-1-1994 whereby the petitioner was directed to retire w.e.f. 1-1-1994. It was ordered that the petitioner ought to have retired w.e.f. 30-6-1988 on attaining the age of superannuation of 58 years.

(3.) SHRI Ajay SHRIvastava, learned Counsel appearing for the petitioner submits that the orders dated 29-1-1906, 5-2-1996 and letter dated 9-12-1997 are bad and unlawful on the following grounds: