BHAGWAN DASS ARORA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while posted as Math Master, Govt. High School Shamgarh, District Karnal, was issued notice dated 1.3.1985, Annexure P-3 to the writ petition, under rule 3.26(d) of the Punjab C.S.R. Vol. I, Part-I read with Rule 5.32(a) of Punjab C.S.R. Vol. II, as applicable to the employees of State of Haryana, vide which he was required to retire after expiry of three months notice period on attaining the age of 55 years. The petitioner through this writ petition filed under Articles 226/227 of the Constitution of India is seeking quashing of the impugned order dated 1.3.1985.

(2.) The case of the petitioner is that he joined the Education Department of the composite State of Punjab on 1.3.1957. After the reorganisation of the State of Punjab, the services of the petitioner were allocated to the Haryana State. According to the petitioner during his entire service of 28 years he worked most efficiently and no adverse remarks were ever communicated to him. Despite that the impugned order of premature retirement was passed by respondent No. 2 in an arbitrary manner. 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.

(3.) The stand of the respondents is that for retention in Government service beyond the age of 55 years, petitioner's ACRs for the last k10 years were taken into consideration. Out of 10 ACRs the petitioner had five good/very good reports the remaining five being average/below average. According to instructions issued by Haryana State only such employees who have obtained 70% or more reports of good or better categories during the last 10 years could be considered eligible for retention in service beyond the age of 55 years. Since the petitioner had 50% good reports he was not found eligible for retention in service beyond the age of 55 years. Consequently, the impugned order of premature retirement was rightly passed.