JAGDISH B BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .Whether the impugned order of premature retirement, dated 13-1-1989, and the resultant order dated 16-1-1989 are legal and valid or not is the question to be examined and answered by this Court in this petition under Article 226 of the Constitution of India

(2.) The petitioner has challenged the order recorded by the respondent No.2, dated 13-1-1989, retiring the petitioner at the premature age of 55 years from service, inter alia, contending that it is illegal, arbitrary, discriminatory and violalive of Arts. 14 and 16 of the Constitution of India. The petitioner was, originally, appointed as Sub-overseer (Soil Conservation), by the order. dated 4-4-1956, and he was posted under the establishment of the respondent No. 2. He was, also, promoted to the post of Agricultural Supervisor with effect from 1-1-1976. He worked as Agricultural Supervisor on various places till the year 1982. In 1983, the petitioner was sent on deputation under the establishment of respondent No. 3, Gujarat State Land Development Corporation Limited. It is the case of the petitioner that his service record, all throughout. since beginning has been very good and he earned remarks accordingly all throughout. It is alleged by him that he was wrongly implicated in a misappropriation case for which criminal complaint was filed, which, ultimately, came to be withdrawn by the concerned officer, on 10-7-1991.

(3.) The birth-date of the petitioner as per the service record is, 23-11-1933, and as per the provisions of Bombay Civil Services Rules, the petitioner was to retire on completion of 58 years, like that, on 30-11-1991. However, the impugned order cut-short his service, which is, directly, under challenge in this petition.