NAGI REDDY P Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner questions G.O.Rt.No.209, Home (Courts-C) Department, dated 28-1-1994 issued by the 1st respondent i.e., the Government of Andhra Pradesh, retiring him from service at the end of 58 years of his age i.e., from 31-7-1994. That G.O.Rt. was issued by the 1st respondent after notice to him under G.O.Rt.No.208, Home (Courts.C) Department, dated 28-1-1994 stating as follows:

(2.) At the time of his retirement, the petitioner was a District Munsif and was working as Special Judicial Magistrate of I Class for Railways at Nellore. The petitioner questions the said G.O. on the ground that no reasons were given and, therefore, it was violative of principles of natural justice and fair play. He contends that since no specific reasons were communicated to him nor any opportunity was given to him, the entire proceedings were vitiated. He further submits that in the absence of any enquiries or stigma against him during his entire tenure, he was entitled to continue in service till he attained 60 years of age and that, under those circumstances, any decision of the 2nd respondent i.e., the High Court of A.P., recommending for his retirement at the age of 58 years would be arbitrary, unjust and unsustainable. He contends that the decision to retire him on his attaining 58 years of age virtually keeps him under stigma and that is punitive in nature and subjected him to humiliation.

(3.) Though the Writ Petition was admitted on 3-8-1994, it has come up before us now for final disposal in view of W.P.M.P.No.32833 of 1996 preferred by the petitioner for expeditious disposal of the Writ Petition. It is not in dispute that even if he was continued for 60 years, he would have retired by 31-7-1996, and that, in fact, he retired on 31-7-1994. The only question that arises, therefore, is whether the impugned G.O.Rt.No.209 dated 28-1-1994 is liable to be set aside on the grounds raised by the petitioner and, if so, with what result.