S D PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this petition, the petitioner has challenged the order dated 7.5.87 passed by the respondents, compulsorily, retiring him by terminating his services with effect from 8.5.87 on the ground that it is unjust, illegal, unreasonable and in violation of the provisions of the Constitution.

(2.) A few material facts may be stated, at the outset, with a view to appreciate the merits of the petition. The petitioner joined services of the State Government in the year 1957 as Workcharge Survey Mistry. Later on, he was made an Overseer (Junior Engineer) on 13.6.1957. He was made, the Deputy Engineer in December 1962, and continued as Deputy Engineer until July 1978. Subsequently, he was promoted to the post of Executive Engineer on 17.7.78. According to the petitioner, he was due for promotion for the post of Superintending Engineer and in the meantime, the respondent authority passed the impugned order. Hence, this petition under Article 226 of the Constitution of India.

(3.) On behalf of the respondent authority, one Mr.J.A.Pandya, Under Secretary to the Government of Gujarat, Narmada Development Department, filed affidavit in reply. The allegations, averments and contentions raised in the petition against the impugned order of compulsory retirement are denied. The petitioner was made to retire upon completion of 55 years of age in the public interest in view of the provisions of Rule 161 of the Bombay Civil Service Rules 1959 (BCSR).