SUMCR SINGH VISHWAKARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of order dated 16-9-2002, Annexure A-11 passed by the respondent No. 3 under Rule 42 (1) (b) of the Madhya Pradesh civil Services (Pension) Rules, 1976, whereby he has been compulsorily retired after completing 20 years of service.

(2.) ACCORDING to the petitioner he was appointed in the year 1978 in the Water Resources Department on the post of Assistant Grade III and was promoted to the post of Upper Division Clerk on 3-12-1992 vide Annexure A-7. His services were made permanent by order dated 1-4-1994, Annexure A-8. The petitioner has contended that but for minor punishments of censure and withholding of two increments without cumulative effect vide order dated 27-4-2002, Annexure A-10, he has a flawless service record to his credit. According to him he was so punished because of the delay in preparing the pension papers of one Executive Engineer R. D. Vishwarkarma for which he was not responsible. The petitioner has also asserted that there is not a single adverse entry in his character roll and, therefore, he could not have been compulsorily retired by treating him unworthy of Government service after 20 years. He has further asserted that his entire service record has not been properly evaluated in accordance with the norms prescribed in this regard and hence, the impugned order of compulsorily retiring him is arbitrary and cannot be sustained.

(3.) IN reply, the respondents have contended that the petitioner has been compulsorily retired on the basis of recommendations made by the Screening Committee which had evaluated his entire service tenure. It is the case of the respondents that the decision taken on the basis of such a recommendation cannot be subjected to judicial review. The respondents have filed a circular dated 22-8-2000, Annexure R-1 of the State Government wherein norms and guidelines have been provided for considering the cases of compulsory retirement. These guidelines are reproduced as under :-