RACHPAL SINGH CHAUHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a teacher in the Education Department is aggrieved by the order of August 5, 1991 by which his request for retirement on completion of 20 years of service has been declined. A few facts may be noticed

(2.) The petitioner claims that he joined service as Science Master on September 24,1963 on ad hoc basis. He was appointed on regular basis with effect from October 12,1964. On July 16,1987, he served a three months' notice seeking voluntary retire-pent on the Director of Public Instruction (Schools) Punjab, respondent No. 2. His request having not been accepted, the petitioner filed C.W.P. No. 6800 of 1991. Vide order dated May 7, 1991, the Court directed the respondents to decide the representation dated July 16, 1987 followed by reminders dated October 16, 1987 and March 15,1989 within three months by passing a speaking order. It is in pursuance to the directions of this Court that respondent No. 2 has rejected the petitioner's claim vide orders dated August 5,1991. A copy of this order has been produced as Annexure P-5 with the writ petition. A perusal of this order shows that the petitioner's request has been declined on the following three grounds :-

(3.) The correctness of the three grounds has been challenged by the petitioner in this petition. He has produced the notice dated July 16,1987 as Annexure P-l to the writ petition to show that the provisions of the rules had been duly complied with. It has been further pointed out that the petitioner had remained under suspension on account of the pendency of a criminal case from February 1,1974 to March 5,1979. After the decision of the case, the petitioner was reinstated. It was, however, directed that he will not be paid anything beyond the subsistence allowance already disbursed to him. The legality of this order was challenged by the petitioner by filing a civil suit. The suit was decreed by the Court on May 5,1989. As a result, the petitioner was to be paid full salary. Respondent No. 2 had issued an order dated October 20,1989 directing the payment of his salary. It has been further pointed out that the petitioner having joined service in the year 1963, had completed almost 24 years of service in July 1987, when he had served the requisite notice. It has been further stated that the petitioner had been granted the two proficiency step-ups in the scale of Rs. 2000-3500 with effect from 1.1.1986 on the premises that he had completed 18 years of service on the appointed day. Still further, it has also been pointed out that the petitioner had been permitted to cross the efficiency bar in the scale of Rs. 620-1200 at the stage of Rs. 700/- with effect from 1.1.1981. On these premises, it is maintained that the impugned order is wholly illegal and arbitrary.