SARDARA SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner, who was a Superintending Engineer in the Irrigation Department in the State of Punjab, has impugned the order dated May 18, 1990 of the Secretary to Government, Punjab, Department of Irrigation & Power vide which he was pre-maturely retired under rule 3(1) of Punjab Civil Services (Premature retirement) Rules, 1975, with immediate effect and he was paid three months pay and allowances in lieu of three months notice.

(2.) The case of the petitioner is that he did Graduation in Civil Engineering in the year 1961. On having been selected through the Punjab Public Service Commission, he was appointed as Assistant Engineer in the year 1962. He was promoted as Executive Engineer in the year 1974 and thereafter he was promoted as Superintending Engineer in July, 1987.

(3.) The petitioners case was reviewed on attaining the age of 50 years. The Joint Director,Irrigation and Power Department Punjab, vide his letter dated 25.9.1989, copy Annexure P-l to the writ petition, had allowed the petitioner to continue in service beyond 50 years. In Sept., 1988 there were wide spread floods in Punjab. All the rivers and chose were in spate. There was wide spread damage to the property, crops, roads as well as to human and animal lives. In terms of money, loss to the property etc. alone was estimated by the Financial Commissioner Revenue-cum-Secretary to the Government of Punjab, Department of Irrigation and power Punjab, to the tune of Rs. 1725 crores. At that time Shri H.S. Bedi was the Chief Engineer, who has estimated that the repair of embankments and flood protection works would cost Rs. 131 crores. In order to prepare the plan, a meeting was held on 16.1.1989 under the Chairmanship of the then Chief Secretary to Govt. Punjab. In the meeting, it was highlighted that with a view to implementing the plan, additional funds of Rs. 68.97 crores would be required. At the relevant time, the petitioner was posted as Superintending Engineer, Jalandhar Drainage Circle, Jalandhar comprising of Jalandhar, Kapurthala and Hoshiarpur Districts, which were the worst affected districts in Punjab during the year 1988. The Irrigation Department had taken repair work in hand after Sept., 1988 floods.