KRISHNA KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Petitioner, being aggrieved by an order No. Fa. No. 3(A) 13/98/21-B (Ek) Bhopal dated 15th May 1998 (Annexure-20), passed by the Principal Secretary. Government of M.P. Department of Law and Legislative Affairs Department, retiring him from service after completion of 58 years, has come to this Court by filing a writ petition under Article 226 of the Constitution of India.

(2.) Briefly stated the facts are that the Petitioner was appointed as Civil Judge in State Judicial Service in the year 1965. He was promoted to the posts of Civil Judge Class-I, Chief Judicial Magistrate, Additional District and Sessions Judge. He was promoted to the post of District Judge in the month of February 1991, After completion of II years of service in Higher Judicial Service, the Petitioner got promotion as District Judge in Super Time Scale of 5900-200-6700 with effect from 7.10.1994 vide order dated 22.2.1995. The Petitioner was appointed by Respondent No. 1 State as President, District Consumer Dispute Redressal (DCDR) Forum. The benefit of this posting was that the Petitioner could serve till 2002 while he would have superannuated as District Judge in the year 2000. Thereafter, the High Court transferred him from the post of Member, DCDR Forum to Officer on Special Duty in the Registry at Gwalior and he was relieved by the State Government vide order dated 1.6.1998. The Petitioner did not join at Gwalior and proceeded on leave. Before the Petitioner could join at Gwalior, he was served with an order of compulsory retirement on 22.7.1998. In that order, it was mentioned that as the Petitioner was completing 58 years of age on 1.8.1998, he is being compulsorily retired from the service as he was not found fit and suitable to remain in service after completion of 58 years.

(3.) The Petitioner prayed that the said order of retirement under Section 14(1) and (2) of the M.P. Uchchatar Nyayik Seva (Bharti Tatha Seva Sartein) Niyam, 1994 is wholly illegal, therefore, if should be quashed.