D. RAMASWAMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is to quash the order of compulsory retirement made in G.O. Ms. No. 1112, Commercial Taxes and Religious Endowments Department dated 19th Sept., 1975.

(2.) Originally the matter was heard by a Division Bench of this Court consisting of Ramaprasada Rao, J., and Ratnavel Pandian, J. The learned Judges have overruled the very many legal contentions raised on behalf of the petitioner and relegated the matter for considerations on two aspects, viz.:-

(3.) Having regard to this scope I have got to examine the various arguments raised by Mr. R.G. Rajan, learned counsel for the petitioner But therefore that it is necessary on my part to state that this writ petition and other connected writ petitions were adjourned to await my decision in K. Venugopalan Vs. State of Tamil Nadu represented by the Secretary to Government, Commercial Taxes and Religious Endowments, Department Madras, which judgment was delivered holding against the petitioner. Close on the heels of those arguments presently it is urged by Mr R. G. Rajan, learned counsel for the petitioner as follows:- The petitioner had crossed the efficiency bar and therefore the materials which were adverse to the petitioner cannot again be used for a different purpose, viz., the compulsory retirement. In other words, any adverse remarks which existed prior to that date must be eschewed from consideration If they are eschewed, the order of compulsory retirement cannot be supported. Reliance is placed on the decisions reported in State of Punjab Vs. Dewan Chuni Lal, (1971) 1 SCJ 238 : (1970) 3 SCR 694 and J.R. Jain Vs. Union of Lidia (Delhi), (1973) 2 SLR 309.