CHANDAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Chandan Singh has filed this petition under Articles 226/227 of the Constitution of India for issuance of a writ of mandamus/Certiorari directing the respondents not to retire the petitioner before completion of age of 58 years and for setting aside notices Annexures P/3 and P/4 to the writ petition.

(2.) Briefly stated the facts of the case as mentioned in the writ petition are as follows :

(3.) The petitioner was appointed on the post of Male Social Worker and he joined on 2.7.1962. Petitioner was promoted to the post of Tehsil Welfare Officer on 9.6.1985 on ad hoc basis and was reverted back on 17.8.1991 on the joining of a person who had been selected against a regular post by the Subordinate Services Selection Board, Haryana. The petitioner worked on the post of Tehsil Welfare Officer for six years and earned 'Very Good' and 'Good' reports during these six years. Petitioner was conveyed A.C.R. for the year 1988-89 after 2-1/2 years on 6.12.1991. The annual report was mentioned as 'Average'. Petitioner filed a representation in the month of December 1991. No reply was given to the representation of the petitioner by respondent No. 2. For the year 1992-93 A.C.R. of the petitioner was 'Good' but against Column Nos. 3 and 4 'Average' was mentioned which was conveyed to the petitioner on 25.8.1993. Petitioner filed a representation in September 1993 against the remarks conveyed for the year 1992-93. On the representation of the petitioner no decision was taken by the respondents. Petitioner has further stated that the petitioner has earned 90% 'Very Good' 'Good' annual reports; that only one report of the petitioner is 'Average' and, therefore, respondents have erred in law in retiring the petitioner pre-maturely.