ANGOORI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner who was serving as Assistant Food and Supplies Officer under the Food and Supplies Department, State of Haryana, instituted the instant writ petition in the year 1995 impugning the order dated 14.8.1995, Annexure P8, whereby he was pre-maturely retired from service upon attaining the age of 55 years. Further challenge laid in the instant writ petition is to the order dated 3.7.1995 at Annexure P7 whereby a penalty of stoppage of four annual increments with cumulative effect and recovery to the extent of Rs. 1,08,928.56P has been imposed upon the petitioner.

(2.) At the very outset, Mr.J.V.Yadav, learned counsel appearing for the petitioner would make a statement that he is giving up the challenge to the order dated 3.7.1995 at Annexure P7 and, as such, is confining the scope of the instant writ petition only as regards questioning the action of the respondent-State in having retired the petitioner pre-maturely upon attaining the age of 55 years. Even in this regard, learned counsel would submit that since the petitioner has already crossed the normal age of superannuation, in the eventuality of this writ petition being allowed, the petitioner shall not claim any arrears of salary for the period in question.

(3.) Brief facts that would require notice are that the petitioner joined service on the post of Sub Inspector in March 1960 under the Department of Food and Supplies in the erstwhile State of Punjab. The petitioner was promoted as Inspector Food and Supplies in the year 1963 and upon re-organization of the State of Punjab, his services were allocated to the state of Haryana. The petitioner was promoted as Assistant Food and Supply Officer in August, 1973.