YASH PAL MALIK Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant was appointed as a District Sports Officer on 25.10.1963 and on 24.10.1989 was promoted as Deputy Director Sports, Haryana. He was, however, compulsorily retired vide order dated 22.5.1992, Annexure P -1 under Rule 5.32 -A(c) of the Punjab Civil Services Rules, Volume -I I read with Rule 3.26(d) of the Punjab Civil Services Rules Volume -I, Part -1, as applicable to the employees of the State of Haryana. The aforesaid order was challenged by the appellant in a writ petition primarily on the ground that his service record was without blemish inasmuch that in the last ten years before the date of his retirement, he had received 7 'good ', 1 'very good ' and 3 'average ' reports, although he had also suffered certain penalties during the course of his service.

(2.) THE respondents filed a reply to the writ petition and stated that the case of the petitioner had been considered by the Screening Committee and on an overall evaluation of his case, he had not been found fit to be retained in service with the result that the impugned order had been made.

(3.) MR . R.K. Malik, the learned counsel for the appellant has argued that as per the Haryana Government instructions, an employee having at least 70% good reports, had to be retained in service and as the petitioner 's reports were 80% good or very good, he could not have been compulsory retired. It has also been stated that out of three penalties imposed on him, two, i.e. the first one dated 1.3.1983 and the other a warning administered on 24.3.1989 were prior to his promotion and these must be deemed to have been washed oft with his promotion on 10.9.1989, which has been made on the basis of the seniority -cum -merit. It has further been stated that the warning dated 20.12.1991 after his promotion was also insignificant in nature.