JAGPAL SINGH DALAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) I have heard the learned counsel for the parties at length. The petitioner joined the Government service as Assistant Professor, Forensic Medicines on being selected by the Punjab Public Service Commission, on 14.05.1982. He was promoted to the post of Professor, Forensic Medicines on regular basis on 21.05.1987. He was confirmed on the said post with effect from 08.11.1989 vide order dated 11.04.1990. At the relevant time, the age of the retirement of the teaching faculty was 58 years. However, vide notification dated 23/24.04.2007, Annexure P-2, the age of retirement of the teaching faculty was enhanced from 58 years to 60 years. The relevant notification reads as follows :-

(2.) Later, the petitioner was appointed as Principal, Government Medical College, Amritsar. It appears that on account of certain allegations, he was suspended on 16.11.2006, but reinstated on 23.03.2007. On his reinstatement, the petitioner was again given the charge of Director, Research and Medical Education during the leave vacancy of Regular Director, Research and Medical Education vide order dated 07.06.2007, Annexure P-5. The petitioner joined the said post on the same date. While continuing as Director, Research and Medical Education on the leave arrangement, the petitioner has been ordered to be retired on attaining the age of 58 years, by the Principal Secretary, Government of Punjab, Medical Education and Research Department, vide order dated 28.11.2008, Annexure P-10. It is this order which has been assailed by the petitioner in the present writ petition.

(3.) On consideration of this petition, vide interlocutory order dated 01.12.2008, a Division Bench of this Court, stayed the retirement of the petitioner as Professor. As a consequence of the aforesaid interlocutory order, the petitioner is continuing to serve as Professor.