VASANT M DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of this petition has challenged the order dated 01/08/1989 at Annexure 'A' to the petition passed by respondent State Government, whereby the petitioner was Prematurely retired from his service as Deputy Superintendent of Police with immediate effect in the public interest. In lieu of three months Notice, he was paid pay and allowance as per the orders contained in Govt. Resolution G.A.D.No.CRA-1087-805-G2, dated 28/07/87.

(2.) The facts of the case are that the petitioner was recruited as a Police Sub-Inspector in July 1958 and was promoted to the post of Police Inspector in August 1970. He was due to retire from service on 10/09/91 on his attaining the age of superannuation. It is the case of the petitioner that he was superseded in the promotional post of Dy.S.P., and therefore, had made representation dated 17th February 1983 against his supersession. But, he received no reply to the aforesaid representation.

(3.) Mr.Arun H Mehta learned advocate for the petitioner has submitted that the order dated 01/08/89 at Annexure 'A' to the petition, is contrary to the Government Resolution dated 28/07/87. In Clause (ii) of the "Procedure to be followed for premature retirement of Government Officers attaining the age of fifty years", it has been specifically stated that in case of Class I Officer, when it is finally decided not to retain him in service beyond the age of 50 years, he should be informed in the first instance by a confidential letter that Government proposes to retire him prematurely with effect from a particular date and that he can himself tender, if he so desires, a notice to Government asking for voluntary retirement. A notice for premature retirement be issued to such Government Officers ONLY after the opportunity is given to him to opt for voluntary retirement. In the present case, no notice was given to the petitioner, and therefore, the order of Premature retirement is illegal and is required to be quashed and set aside.