SAMBHUDAYAL SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONER, Dr. Shambu-dayal Sharma who is double M. A. , M. Ed, and Ph. D. was appointed as an upper division teacher on 6th September, 1958 by the respondent No. 1 and his services were placed under the respondent No. 2, the Director, Tribal, Harijan and Backward Classes Welfare Department, Government of. Madhya Pradesh, Bhopal. He was discharging his duties honestly, efficiently and diligently. Therefore, according to him, he was given timely promotion to the higher posts and was also allowed to cross the efficiency bar by an order of the respondent No. 1. The petitioner on 8th October, 1984 was posted as Principal, Higher Secondary School, Kurai, District Seoni, from where he was compulsorily retired by the respondent No. 1 in exercise of powers under Rule 42 of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (hereinafter referred as the 'rules' ). Therefore, this petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India.

(2.) BY this petition, the petitioner seeks to quash the order dated 8th October, 1984 contained in Document No. 1 passed by the respondent No. 1.

(3.) IN brief, the case of the petitioner is that at the time of compulsory retirement, although he had served the department for 25 years, yet he was only about 52 years old and his retiring age being 60 years, his premature retirement made on 8th October, 1984, is illegal mala fide and passed in colourable exercise of powers which is against the 'public interest.