D C JAIN Vs. DIRECTOR TRAINING

JUDGEMENT

(1.) The appellant who was working as an Assistant Grade-II, I.T.I., Chhatarpur was compulsorily retired on 19.11.2003 being aggrieved by which he had filed W.P. No. (S) 2824/03 which has been dismissed by order dated 10.04.2008 against which he has filed this writ appeal under the provisions of section 2(1) of the M.P. Uchcha Nyayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005.

(2.) It is submitted by the learned senior counsel for the appellant that the order of compulsory retirement of the appellant should have been set aside, in view of the circular issued by the State Government dated 20.03.2003 as the criteria for compulsory retirement had been diluted and it was specifically provided that no employee would be compulsorily retired on the ground of incompetence alone. It is submitted that the learned Single Judge has failed to examine this aspect and therefore, the impugned order deserves to be set aside. It is also contended that service record of the petitioner did not warrant compulsory retirement.

(3.) We have heard the learned counsel for the appellant at length.