MAHESH CHANDRA AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri S.K. Kalia assisted by Sri Kshemendra Shukla and Sri I.P. Singh for respondent. The petitioner, who is an Executive Engineer in U.P. Jal Nigam, has challenged the order of his compulsory retirement from service dated 1.9.2005 under Article 226 of the Constitution of India.

(2.) The petitioner was initially appointed on ad-hoc basis as Assistant Engineer in the erstwhile U.P. Local Self-Government Engineering Department (UPLSGED) on 20/3/1974 on which post he joined on 27/3/1974. On the enforcement of U.P. Water Supply and Sewerage Act, 1975, U.P. Jal Nigam was established and the services of the petitioner stood merged with U.P. Jal Nigam as a regular Assistant Engineer. Looking to the work and conduct of the petitioner, which according to him, was excellent, time scale was granted to the petitioner after completion of stipulated period of service with effect from 1/1/1985 and latter on he was promoted to the post of Executive Engineer vide order dated 21/6/2000.

(3.) It appears that a Committee was constituted for screening the cases of the officers for the purpose of compulsory retirement. The Committee recommended for the compulsory retirement of the petitioner which was accepted by the Appointing Authority and the order of compulsory retirement as aforesaid has been passed.