RAVI DUTTA SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this writ petition filed under Articles 226/227 of the Constitution of India the petitioner is seeking quashing of order dated 2.3.1987, Annexure P-1 to the writ petition whereby the petitioner on the expiry of three months notice was to retire. The above said order was issued in accordance with the provisions of rule 3.26(d) of the Punjab Civil Services Rules Volume-I, Part-I, read with Rule 5.32 of Civil Services Rules Volume-II, as applicable to the State of Haryana.

(2.) The case of the petitioner is that since his appointment as J.B.T. teacher with effect from 30.11.1953 and thereafter on promotion as Hindi teacher w.e.f. 22.6.1966 he had served the department to the full satisfaction of his superiors. During his whole service career he has never been subjected to any disciplinary proceedings and had earned good reports. No adverse or average report during his entire service record was ever communicated to him. Despite all that, order dated 2.3.1987 which was conveyed to him on 6.3.1987 was passed by respondent No. 2 taking a decision to retire him under the provisions of Rule 3.26(d) of the PCS Rules Vol. I, Part-I read with Rule 5.32 of CSR Vol. II as applicable to State of Haryana. The said order of premature retirement has been passed on petitioner's attaining the age of 55 years on the basis of uncommunicated reports. It is further averred in the petition that for the last 10 years, the petitioner has been graded as good or very good and as such he could not be retired before he had attained the age of superannuation.

(3.) Learned counsel for the petitioner has relied upon a decision of this Court in K.K. Vaid v. State of Haryana, 1990 1 SLR 1