RAMESWAR SINGH Vs. MEGHALAYA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Heard Mr. R.P. Sarmah, the learned counsel for the writ petitioner and also heard Mr. DR Gogoi, the learned counsel for the respondents.

(2.) The petitioner was appointed as Lineman on 1.3.1971 in the office of the Superintending Engineer,, Jaintia Hills Electrical Circle, Meghalaya State Electricity Board and he continued as such till he was promoted to the post of Limeman-II with effect from 1.1.82. By an order passed on 6th March, 1996, the petitioner along with others have been compulsorily retired from service as per provisions of Fundamental Rule 57(b) applicable in the State of Meghalaya. In this petition, the petitioner has challenged the aforesaid older of compulsory retirement. The order impugned is quoted below for ready reference :-

(3.) Although the petitioner has contended in this wril petition that he has been compulsority retired as per provisions of the Fundamental Rule 56(b), the order reproduced above shows that it was in fact issued under the provisions of the Fundamental Rule 57(b). Petitioner has challenged the order of compulsory retirement on the ground that he was only 46 years old when the order was passed and that the notice required under the law was also not served upon him. ft is further pleaded that his service record has always been good and, as such, the decistion of the authority to retire him compulsorily cannot be said to be in public interest.