NAMDEO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition under Articles 226 and 227 of the Constitution of India, the petitioner working as a Constable in Maharashtra Police Service and compulsorily retired w.e.f. from 24.8.2000 under Rule 65(1)(b) of the Maharashtra Civil Services (Pension) Rules, 1982 has thrown a challenge to common order dated 24.8.2000 passed by Maharashtra Administrative Tribunal, Nagpur Bench dismissing Original Application Nos. 159/1996 and 513/1999 preferred by him challenging notice dated 28.5.1995 issued by respondent No. 3 informing that he would be retired in public interest w.e.f. 22.8.1995 or after expiry of three months period from the receipt of the said notice and against order dated 24.5.1999 passed by respondent No. 3 compulsorily retiring him. The petitioner has prayed for quashing and setting aside the order dated 24.8.2000 passed by the Tribunal and directing respondents for reinstating and continuing him in service till superannuation.

(2.) The facts giving rise to the controversy arisen in present petition are as under:

(3.) On 19.7.1976 petitioner was promoted to the post of Head Constable due to having completed 12 years of continuous service. However, thereafter petitioner was neither promoted nor given higher pay-scale in the next promotional post in spite of clean service record i.e. himself being not communicated any adverse remark, nor having received any punishment major or minor, nor being required to face any departmental inquiry. On 14.2.1994 he presented an application/representation for promoting him as an Assistant Sub-Inspector i.e ASI since he had completed 12 years unblemished service on the post of Head Constable.