N. H. SITAPARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In the captioned writ petition, the petitioner is challenging the order dated 14.08.2006 passed by the respondent - State Department, compulsorily retiring the petitioner from the service at the age of 50 years.

(2.) The brief facts of the case are that the petitioner had joined the service of the Government on 27.01.1981 as Social Welfare Officer, Class-II. Thereafter, on promotion, the petitioner had joined as District Backward Class Welfare Officer, Class-I from 26.04.1988, carrying the pre-revised pay-scale of Rs.2,200-4,200/- which is revised as Rs.8,000-14,050/-. The said cadre is subsequently named as Deputy Director. The petitioner was working on the said post of Deputy Director till the impugned order was passed.

(3.) Learned advocate Mr.Vyas appearing for the petitioner has submitted that the petitioner is compulsory retired at the age of 50 years in view of the recommendation of the Committee which was made on 01.02.2005. He has submitted that the Committee has examined the adverse entries in the Annual Confidential Report for the years 1988-1989, 1989-1990, 2001-2002 and 2003-2004. He has submitted that as per the circular dated 12.02.2004, the adverse entries for the years 1988-1989 and 1989-1990 could not have been considered since the same is beyond 10 years as prescribed therein. As regards the adverse entries for the years 2001-2002 and 2003-2004, it is submitted that the same were communicated to the petitioner on 29.01.2005, i.e, two days prior to the meeting of the Committee. He has submitted that thereafter, the petitioner had made a representation dated 08.02.2005 against the communication of the adverse entries and by the order dated 13.07.2005, the same were converted from "adverse entries" to the "corrective entries" and hence, the decision of the Committee was premature and the committee never waited for the outcome of his representation and hence, the compulsory retirement of the petitioner is liable to be set aside on such ground.