ATMA RAM GAUR Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) The petitioner while posted as Headmaster, Government High School, Karsindhu (Jind) was issued an order dated 15.5.1986, copy Annexure P-1 to the writ petition, in accordance with the provisions contained in Rule 2.226 of C.S.R. Vol. I, Part I (as applicable to the State of Haryana) read with Rule 5.32 A(C) and the note appended thereunder of the Punjab Civil Services Rules, Vol. II, whereby it was decided to retire the petitioner from service on the expiry of three months from the receipt of the order, copy Annexure P-1.

(2.) The background leading to the passing of the impugned order is that the work and conduct of the petitioner was average and the 70% of the annual confidential reports earned by him during the past 10 years were not good. As such, he was not entitled to further extension of three years beyond the age of 55 years.

(3.) The petitioner has impugned the order dated 15.5.1986, copy Annexure P-1, under Art. 226 of the Constitution of India and has urged that his service record remained 'average' and 'good'. It was contended that the average reports were never conveyed to him. In the year 1979, for the first time, adverse remarks for the year 1977-78 in which his integrity was found doubtful, were communicated. The petitioner submitted a detailed representation against the said remarks on 27.10.1979, which has not been decided as yet and even the same was not placed before the competent authority, who had passed the impugned order of compulsory retirement. It was next contended that the petitioner was retired on the basis of the Government instructions dated 19.6.1986 which envisage that no such officials/officers are to be retained in service after the age of 55 years, who have earned 70% good or better than good reports during the last 10 years. The learned counsel for the petitioner has relied upon this Court's decision rendered in K.K. Vaid Vs. State of Haryana, 1990(1) SLR 1 and Brij Mohan Chopra Vs. State of Punjab, AIR 1987 SC 948.