JAGDISHKUMAR JASHVANTLAL MEHTA Vs. GUJARAT HOUSING BOARD

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs;

(2.) If we peruse the record, it appears that the petitioner joined the services of the Board in 1990 as an Assistant Engineer. On 11/3/2015, he was served with the notice asking as to why he has made direct representation to chairman and board members on 21/2/2015. The petitioner filed his detailed reply. But, on the very day on which the Review Committee's proceedings came to be received by the Board, order of premature retirement came to be passed. The Review Committee has considered that there is lack of integrity on the part of the petitioner. On 8/5/2015 order of premature retirement came to be issued. He filed an appeal before the Board on 15/6/2015. However, the same was not decided by the Board and therefore, petitioner preferred a petition being Special Civil Application No.19914 of 2015 and vide order dtd. 11/1/2016, this Court has directed the respondent No.1 to hear and decide the appeal within six months. As such, board confirmed the order of premature retirement vide its order dtd. 12/8/2016. It also appears that since the petitioner has been prematurely retired, pension is given to him at fix rate and no regular pension has been given to the petitioner.

(3.) The impugned order of compulsory retirement is made the subject matter of challenge in this petition.