D D SHOURIE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in this writ petition is to the notice and the order of premature retirement from service, copies, Annexures P-6 and P-9 dated December 31, 1980 and March 31, 1981, respectively.

(2.) The petitioner joined as a Clerk in the Department of Industries, Punjab on March 23, 1956. His date of birth is May 1, 1934. In the year 1962, he was promoted as an Assistant. He was confirmed as a Clerk on September 17, 1966 and confirmed as an Assistant on October 12, 1966. According to the petitioner, he was given selection grade on June 15, 1979, vide Annexure P-5, dated June 18, 1979. He was given notice for premature retirement dated December 31, 1980, copy Annexure P-6 and was actually retired from service vide order, Annexure P-9 dated March 31, 1981. His representation to the notice, Annexure P-6, was duly considered and it was ordered that he was prematurely retired from service with effect from March 31, 1981. The petitioner filed the present writ petition dated April 5, 1981, challenging the said premature retirement.

(3.) The learned counsel for the petitioner submitted that on October 10, 1978, the petitioner was given the letter of appreciation. On June 15, 1979, he was given the selection grade with effect from June, 1977. Later on vide Annexure P-10, dated February 13, 1981, he was given the option to join as an Auditor in the grade of Rs. 700-1200. According to the learned counsel, there were only four adverse remarks against the petitioner, i.e., for the years 1959-60, 1962-63, 1968-69 and 1972-73. His integrity was reported to be doubtful in the year 1972-73. According to the learned counsel, since he was given the selection grade, and there being no adverse report within five years preceding the date of his premature retirement, no order of premature retirement could be passed against him. Strong reliance was placed on the Division Bench judgment of this Court in Dr. Om Parkash Gupta v. The State of Haryana, Civil Writ Petition No. 3854 of 1986, decided on September 27, 1988, in this behalf. The learned counsel also relied upon Baldev Raj Chadha v. Union of India, 1980 3 SLR 1(SC); Ran Singh Kalson v. The State of Haryana, 1978 1 SLR 450and Brij Mohan Singh v. State of Punjab, 1987 AIR(SC) 948