GULABBHAI RANCHODBHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition is against the order of the Government, dated 24/6/2004, whereby, the service period of 55 years of the petitioner, who was working, as Office Superintendent in the office of Commissioner of Fisheries of the department of the Government, was prematurely severed by an order of premature retirement in the public interest in exercise of statutory provisions of Rule 161 (1) (c) of Bombay Civil Services Rules, 1959 ("Rules" hereinafter), and instead of three months notice, the three months salary alongwith the allowance amounting to Rs.13,890/- came to be paid by a demand draft, which is, also, evidently articulated in the impugned order of premature retirement from the service.

(2.) The learned Advocate Mr.Shaikh is heard. The entire record is examined. The only question, which is advanced, on behalf of the petitioner by learned Advocate Mr.Shaikh, has been that, the opportunity of hearing, before passing the impugned order of premature retirement from the service upon completion of 55 years, has not been afforded to him. This submission of the observance of principles of natural justice, before passing such an order of impugned one, does not form part of the statutory mechanism of Rule 161 (1).

(3.) It is a celebrated principle of service jurisprudence, that the employer or the master or the management concerned, is empowered to make a review of the service record upon completion of certain age, as in this case. Upon completion of 55 years of age, it is open for the Government to make the assessment and evaluation of the entire service record of the employee or the officer concerned for the purpose of consideration, as to whether such a person is further useful and resourceful and efficient for further continuance of service beyond 55 years. In such service a report of prescribed Committee whether to extend period beyond 55 years of age on the ground of public interest and administrative exigency is also considered by the Authority. If such a person is found, not useful or his further continuance would not be helpful to the administrative mechanism of the Government, upon totality, of the service record evaluation and the report of the prescribed Committee, for making a decision. The Committee may also recommend for premature retirement and on such a report, upon consideration, along with complete record, the Government also may accept and pass premature retirement order. In such a process no hearing is incumbent unless there is provision for hearing the employee.