FATEH SINGH MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while posted as Assistant Project Officer (Animal Husbandry), District Rural Development Agency, Jind, was issued Notice dated 12.2.1987, copy of which is Annexure P-1 to the writ petition, under Rule 5.32(c) of the Punjab Civil Services, Rules, Vol. I, read with rule 3.26(d) of the Punjab Civil Services Rules , Vol. II vide which he was to retire from service on attaining the age of 50 years on the expiry of three months' notice period from the date of the issue of this notice. The petitioner, through this writ petition, has prayed for quashing the impugned order, Annexure P-1.

(2.) In the instant case, the petitioner was retired from service prematurely on the basis of an 'average' report and the Govt. instructions which envisage that the officers/officials having more than 70 per cent 'good' or above reports are entitled to continue in service after attaining the age of 55 years.

(3.) At the outset of hearing of the case, counsel for the petitioner has contended that this matter is squarely covered by this Court's decision in K.K. Vaid v. State of Haryana, 1990 1 SLR 1. The learned counsel for the respondents could not repell the same.