HARI SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The petitioner was inducted into the service of Haryana Police Department as a constable on 7.6.1951. He was thereafter promoted to the rank of Head Constable. While discharging duties against the post of Head Constable he attained the age of 55 years on 15.1.1986. Through a communication dated 21.3.1986, the petitioner was sought to be retired from service on account of his having attained the age of 55 years. The petitioner's retirement was based on the ground that his services were no longer required. As a consequence of the passing of the aforesaid order, the petitioner was relieved from his duties.

(2.) Through the instant writ petition, the petitioner has impugned the order passed by Superintendent of Police, Sonepat, dated 21.3.1986, vide which he was retired from service on attaining the age of 55 years. He has also impugned the action of the respondents in not making him payment of encashment of unutilised earned leave, in terms of the instructions issued by the State Government.

(3.) The emphatic contention of the learned counsel for the petitioner is that there was no material whatsoever to justify the action of the respondents in prematurely retiring the petitioner by the order dated 21.3.1986. In this behalf, it is the vehement contention of the learned counsel for the petitioner that for a period of 14 years preceding the passing of the impugned order dated 21.3.1986, no adverse Annual Confidential Report was ever communicated to the petitioner.