MOHINDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner under Articles 226/227 of the Constitution of India for quashing of order dated 30.06.1994 (Annexure P/4) passed by respondent No.2 Collector, District Jind, whereby the petitioner has been compulsorily retired from service and further directions to the respondents to allow the petitioner to continue in service till his attaining the age of 58 years.

(2.) Brief facts of the case are that the petitioner joined the service of Department of Revenue, Punjab (now Haryana) on 20.09.1961 as Patwari at Charkhi Dadri, District Bhiwani. Thereafter, the petitioner was promoted as Field Kanoongo on 22.08.1985, thereafter, further promoted as Office Kanoongo vide order dated 01.03.1993. It is averred in writ petition that the petitioner has served for 34 long years while discharging his duty with zeal and integrity. Through a communication dated 30.06.1994 (Annexure P/4), the petitioner was sought to be retired from service on attaining the age of 55 years by giving him three months' prior notice. The retirement was based on the ground of public interest. As a consequence of the aforesaid order, the petitioner was relieved from his duty. Hence, this writ petition.

(3.) On notice, the respondents appeared and filed joint written statement denying the averments made in the writ petition and submitted that the petitioner has been compulsorily retired after giving three months' notice and the case of the petitioner was considered by the Officers Committee of the Chief Secretary to Government of Haryana. The Committee had recommended that the petitioner may be retired from service in the public interest after giving him three months' notice. The information was received vide letter dated 10.6.1994 (Annexure R-1). It is further submitted that the petitioner has been retired in public interest. I have heard learned counsel for the parties and perused the record.