VENKATESH BALAWANTRAO GONDAVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner was employed as Sub-Inspector, Prohibition and State Excise Department, Government of Maharashtra on 14th January, 1966. He received promotion in the post of Inspector, Prohibition & State Excise on 12th August, 1983. While he was working in Class-III post as Inspector of State Excise, he received an order dated 16th May, 1996 from Commissioner, State Excise informing him that he would stand retired from Government service on 31st May, 1996. The order came to be issued by the Commissioner, State Excise in exercise of his powers under Rule 10(4)(b) of the Maharashtra Civil Services (Pension) Rules, 1982. Before issuing the order of premature retirement, his performance was evaluated by the Review Committee which recommended that petitioner should be removed from Government service. The petitioner was sent the cheque in lieu of three months' pay along with separate letter dated 3rd June, 1996.

(2.) AGGRIEVED by the order of premature retirement dated 16th May, 1996 the petitioner filed Original Application before the Maharashtra Administrative Tribunal. After hearing the parties, the Tribunal dismissed the Original Application vide order dated 10th July, 1997. It is this order which is now impugned by the petitioner by means of this Writ Petition.

(3.) THE Rules thus enable the appropriate authority to retire any Government servant who holds post in Class III service of the State after he has attained the age of fifty-five years, if it is of the opinion that it is in the public interest by giving notice of three months in writing or three months pay and allowance in lieu of such notice.