JALOUR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The plaintiff-appellant was given a notice for premature retirement on November 11, 1988. He was actually retired w.e.f. February 28, 1989. His suit for a declaration that the order of retirement was illegal, was decreed by the learned trial court. The appeal filed by the Respondent-State of Haryana having been accepted by the Additional District Judge, Sirsa, the plaintiff-appellant has approached this court through the present second appeal.

(2.) Admittedly, the respondent authorities had considered the appellant's record of service for a period of 10 years viz. April 1, 1977 to March 31, 1987. A summary of this record has been incorporated in the judgment of the trial court. It is as under :- <FRM>JUDGEMENT_228_LAWS(P&H)1_1996_1.html</FRM>

(3.) Mr. Daleep Singh, learned counsel for the appellant has produced before me a copy of the report for the year 1986-87, Ex. D-12. The appellant was assessed as 'Very Good' by the reporting officer. However, the accepting authority graded him as 'below average'. This was apparently on the ground that the appellant's "contribution in family welfare is nil". Otherwise, there was no adverse comment regarding his performance or integrity. A perusal of the reports further shows that the appellant's performance for the period from April 1, 1978 to December 5, 1978 was assessed as 'Outstanding'. Even in the report for the year 1979-80, wherein the appellant was assessed as 'average', the only defect pointed out was about his punctuality. Similarly, in the report for the year 1982-83 there was no adverse comment regarding the appellant's integrity.