RAMESH CHANDRA DUBEY Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner had filed this petition before the State Administrative Tribunal. After abolition of the Tribunal, this case has been transferred to this Court. The petitioner has filed this petition against the order of his compulsory retirement from service dated 13.12.2001 and 15.12.2001. issued by the Agriculture Engineer. Indore Division, lndore. It is mentioned in the order that the petitioner is hereby retired compulsorily under rule 42(1) (b) of MP. Civil Services (Pension) Rules, 1976, in public interest after approval of the Government.

(2.) THE facts of the case are that the petitioner was appointed as Tractor Driver vide order dated 25.5.1974. He was declared quasi permanent on 29.10.1985, and vide order dated 12.9.2004, the name of the petitioner was recommended for kramomati and was granted pay-scale of Rs. 3500-5200-4000-6000 w.e.f. 19.4.1999 vide order dated 12.9.2000 and thereafter he was retired from service compulsorily vide order dated 13.12.2001.

(3.) LEARNED counsel for the petitioner has submitted that the committee recommended the name of the petitioner, but it was never approved by the Government. The Government did not apply its mind at all with regard to compulsory retirement of the petitioner. The petitioner was given kramonnati in the year 2000 and the same criteria was adopted in the time-bound promotion scheme, hence, the petitioner cannot be retired compulsorily.