N P MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This writ petition has been preferred by the petitioner, who was a member of the Gujarat State Judicial Service, against the order of retirement dated 26.10.2009 issued in the public interest by the State under Rule 10(4)(a)(I)&(II) of the Gujarat Civil Services (Pension) Rules, 2002 and Rule 21 (1) and (2) of the Gujarat Judicial Services Rules, 2005. Three months' pay and allowances had been paid to him in lieu of the notice.

(2.) The brief facts of the case are that the petitioner, who initially started his career as a Section Writer on 20.11.1980, was appointed as a Civil Judge (Junior Division) & Judicial Magistrate, First Class on 10.6.1996. In his capacity, he was sent on deputation in the Labour Court and again returned back to the Judicial Service. He was promoted to the post of Civil Judge (Senior Division) & Judicial Magistrate, First Class on 14.2.2005. While he was functioning, he has been made to retire from service on 26.10.2009 in the public interest, as noticed above.

(3.) The learned Counsel appearing on behalf of the petitioner would contend that the order is bad on the following counts : -