GHANSHAYAM SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) An issue in this writ petition under Articles 226/1227A of the Constitution is the legality and validity of the order dated October 10, 1986 (copy Annexure P.8) passed by the Government in exercise of the powers conferred on it by Rule 5.32-A(c) of the Punjab Civil Services Rules , Volume II, read with Rule 3.26(d) of the Punjab Civil Services Rules , Volume 1, Part 1 (hereinafter called 'the Rules'), whereby the petitioner has been compulsorily retired from service. First the factual matrix in brief :

(2.) After having served the State Health Department in various capacities for over 30 years the petitioner was working as a Director of Health Services in 1986 when the impugned order terminating his services prematurely were passed. At that time, he had attained the age of 56 years. Under the service rules applicable to the petitioner, he was eligible to be retained in service till the age of superannuation, i.e. 58 years.

(3.) It is the petitioner's case that he had a blotless service career. During the last 10 years of his service, he had a very satisfactory record and he had been evaluated as a very good officer by his superiors. This assessment is reflected in the entries in the petitioner's service record ranging from the year 1975-76 uptil 1984-85. To the best of the knowledge of the petitioner, all his reports were outstanding. On receipt of the impugned order, the petitioner filed a review application for reconsideration of the decision. When the petitioner did not receive any reply, he was constrained to file the present writ petition.