LAWS(P&H)-2018-3-35

RAM CHANDER Vs. STATE OF HARYANA AND OTHERS

Decided On March 01, 2018
RAM CHANDER Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ in the nature of certiorari, quashing the adverse remarks made against him in the Annual Confidential Report (ACR) for the period from 01.04.2007 to 31.03.2008 and in fact, seeks quashing of the ACR itself.

(2.) As per the petition, the petitioner joined service as a Constable and eventually rose up to the rank of a Sub-Inspector.

(3.) It has been further stated in the writ petition that the State Government has issued instructions with regard to compulsory retirement of employees on September 03, 1968, by which it has been stipulated that the previous Government instructions dated May 19/21, 1964, would stand modified and only employees with 'Good' or better records should be retained in service beyond the age of 55 years, with those having average records not being so retained (as was stipulated in the instructions of 1964). Further, on supersession of the aforesaid instructions also, subsequent instructions dated February 17, 2009, have also been annexed by the petitioner, wherein it is stated that even in the case of retention of those Group-C employees, in whose case integrity has been recorded as doubtful, the appointing authority of such Class-III employees would take a decision at their own level, whether to retain them or not, in service beyond the age of 55 years. As per the said instructions, in fact that position was clarified vide earlier instructions dated 11.04.2005, which were not being followed by the departments concerned.