R K RAO Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while posted as Head Master, Government High School, Dholera, was served with a Three-month Notice-cum- order of Retirement dated 9.5.1988, copy Annexure P-1 to the writ petition, under Rule 3.26(d) of the Punjab Civil Services Rules Vol. 1, read with Rule 5.32-A(c) and note thereunder of Punjab Civil Services Rules , Vol. II, as applicable to the employees of the State of Haryana, vide which he was to retire from service after the expiry of notice period. The petitioner, through this writ petition, has sought for quashing the impugned order of his premature retirement.

(2.) The brief facts of the case are that the petitioner, whose date of birth is 20.10.1932, was initially appointed as a Masser on August 24, 1960 in year 1972 he was promoted as Head master. In normal course he would have retired on 20.12.1990.

(3.) The case of the petitioner is that adverse remarks were recorded in his confidential reports for the year 1979-80 and 1981-82 which were not conveyed to him within the prescribed period of six months as per Government instructions, but the said adverse entries were communicated to him at very belated stage. Although the petitioner had filed the representations against the said adverse reports, but the same were not considered at the time the decision to retire him prematurely was taken.