MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State of Punjab in term of provisions of rule 3(1) of Punjab Civil Services (Premature Retirement) Rules, 1975 (hereinafter referred to as 'the Rules') prematurely retired Shri Manohar Lal, Executive Engineer, Public Health, from Government Service with effect from 23rd June, 1989, in public interest. Consequent upon premature retirement, Shri Manohar Lal was paid three months pay and allowances at the same rate at which he was drawing immediately before the date of retirement in lieu of 3 months notice. A copy of the said order of premature retirement is annexure P-7 to the writ petition.

(2.) The relevant facts of the se are that the petitioner was appointed as Sub- Divisional Engineer Public Healtn Department through Punjab Public Service Commission, who joined as such on 9th February, 1971. The petitioner was promoted as Executive Engineer an ad hoc basis vide order dated 2nd February, 1977 and order for regular appointment as Executive Engineer in PES Class-I was issued, on 27th April, 1981.

(3.) The challenge to the premature retirement order is that there was no reason with the authorities to pass the impugned order and the petitioner had during the last 10 years earned upto 85 per cent good/very good reports. The adverse remarks conveyed to the petitioner are in fact of very short duration. The other submission is that the petitioner was allowed to cross efficiency bar and according to the counsel only good officer is allowed to cross the efficiency bar. In support of his contention the learned counsel for the petitioner has relied upon Punjab State and others vs. Kulwantbir Singh, 1993 2 RSJ 307. The counsel further contended that action of the respondents is contrary to the decision of the Supreme Court in Brij Mohan Singh Chopra vs. State of Punjab, 1987 AIR(SC) 948and K.K.Vaid vs. State of Haryana, 1990 1 SLR 1.