HANS RAJ PURI Vs. HARYANA STATE

JUDGEMENT

(1.) THIS judgment will dispose of R. S. As No 1455 of 1987 and 2179 of 1987.

(2.) THE undisputed facts are that the Plaintiff joined as a Clerk in the Education Department of the undivided State of Punjab in the year 1948. On the re -organisation of the Punjab State, he was allocated as Assistant in the Education Department of the Haryana State. He was confirmed as Assistant (Sub Office) with effect from 26.8.1966. He was promoted as a Head Clerk in the Government College Kalka when he was placed under suspension vide order dated 25.9.1981. Statement of charges was served upon him vide order dated 29.1.1982 and the same reads as under:

(3.) THE Defendant -State justified the order of compulsory retirement on the ground that on September 3, 1968, instructions were issued to the effect that only those employees with good or better record, that is categorised higher than average should be retained in service beyond 55 years of, age. It was further pleaded that only those officials could be retained in service beyond 55 years if 60 per cent out of the Annual Confidential Reports immediately proceeding 10 years were above average.