LAWS(P&H)-1971-5-48

P C JAIN Vs. UNION OF INDIA ETC

Decided On May 13, 1971
P C JAIN Appellant
V/S
UNION OF INDIA ETC Respondents

JUDGEMENT

(1.) The petitioner was working as Sub Divisional Officer in the Beas Sutlej Link Project when the re-organisation of the Punjab State took place with effect from November 1, 1966, as a result of which he was allocated to the State of Haryana. He was recalled from the Beas Project by the Haryana Government vide letter dated December 3, 1970, with a view to retiring him from service as he had attained age of 55 years. In pursuance of that letter, he was transferred back to the State of Haryana and, after he had assumed charge in that State, A notice dated November 12, 1970, was served on him on January 11, 1971, informing him that he retire would service after the expiry of three months from the date of service of the notice. The petitioner then filed the present petition in which he has challenged the order of Haryana State Government retiring him from service and the order of respondent 3 transferring him to the State of Haryana in pursuance of letter dated December 3, 1970.

(2.) Written statements have been filed by respondents 2 and 3 in which both the orders have been justified.

(3.) The case is covered by my judgment in Ram Saran Dass v. The Union of India and others, C.W 1150 of 1969, decided on January 7, 1971, and a Division Bench judgment (Mahajan and Koshal, JJ.,) in B.D. Gupta v. The State of Haryana and another,1970 CurLJ 59. The learned Judges of the Division Bench expressed their full agreement with the view I expressed in Amrit Rai Sood v. The State of Punjab and others,1970 SLR 170, which is reproduced below :-