J M SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution the petitioner, a Superintending Engineer in the Irrigation Deparmtnet of the State Government, has challenged the order dated 25.7.1986 passed by the State Government prematurely retiring the petitioner from service under Rule 161 of the Bombay Civil Service Rules, 1939.

(2.) The petitioner joined the State Government service as a Deputy Engineer in the year 1958. The petitioner was promoted to the post of Executive Engineer in the year 1971. On 1.7.1982 the petitioner was promoted to the post of Superintending Engineer. The impugned order of premature retirement was passed on 25.7.1986 (Annexure-A). It is the said decision which is under challenge in this petition.

(3.) Mr Y.N.Oza, learned counsel for the petitioner, has challenged the impugned order on the following grounds:-