CHITRA Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner prays that by an appropriate writ, order or direction, the impugned order at annexure 'Q' dated 3rd October, 2011, retiring the petitioner in public interest, invoking the powers under Rule 10(4) of the Maharashtra Civil Services (Pension) Rules, 1982 read with the provisions of Rule 19 of the Maharashtra Judicial Services Rules, 2008, be quashed and set aside, and that the petitioner be reinstated in service with continuity and full back -wages.

(2.) It is common ground that Rule 10(4) of the Maharashtra Civil Services (Pension) Rules, 1982 read with Rule 19 of the Maharashtra Judicial Services Rules, 2008 has been invoked to pass the impugned order.

(3.) This Petition was filed on 7th May, 2012 and the impugned order recites that the State Government being fully empowered to pass an order in public interest, having been satisfied that it is necessary and in public interest to compulsorily retire the petitioner has passed the same order. At the relevant time, the petitioner was working as Judge, Family Court, Nagpur. She had completed the age of 51 years on 30th September, 2011. In the public interest, she was retired by dispensing with the requirement of three months' notice. The petitioner has, thus, been retired by sanctioning and disbursing her dues for this period together with all allowances.