KHAZAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition is filed by the petitioner to quash the order dated 6. 3. 1995 retiring the petitioner compulsorily on his attaining the age of 55 years by issuing a writ of certiorari.

(2.) The petitioner was appointed as a veterinary Assistant on 3. 5. 1965 in the Animal Husbandry Department of Erstwhile Punjab State and on re-organisation of the State of Punjab, his services were allocated to the State of Haryana on 1. 11. 1966. Subsequently, the post of Veterinary Assistant was upgraded to that of Veterinary Surgeon on 1. 2. 1978. The petitioner was promoted as H. V. S. Class-II, (Senior Scale Officer) on ad hoc basis with effect from 1. 5. 1990. He was also granted the selection grade on 29. 12. 1993 and his pay was fixed from 1. 4. 1992. When the petitioner was posted at Nuh, an FIR bearing No. 10 dated 3. 5. 1994 was registered under Section 7 (13) 49/88 of Prevention of Corruption Act. According to the petitioner, he was falsely implicated due to annoyance and enmity in regard to discharging his official duties sincerely and honestly. The registration of the FIR was based on unfounded allegations. The petitioner was arrested on 3. 1. 1994, but he was released on bail. The State moved an application for cancellation of bail and on the said application, the bail granted to the petitioner was cancelled. Thereafter the petitioner applied to the Sessions Judge, Gurgaon for bail which was allowed on 6. 6. 1994. The Haryana Government placed the petitioner under suspension on 3. 1. 1994 because of the arrest of the petitioner. The petitioner was reinstated on 6. 3. 1995, but on the same day, the petitioner was made to retire from service on payment of three months' salary in lieu of notice purporting to exercise his powers under Rule 5. 32a (c) of the Punjab Civil Services Rules, Vol. II read with Section 3. 26 (d) of the Punjab Civil Services Rules, Vol. I, part I as applicable to the employees of the State of Haryana. According to the petitioner, his date of birth is 3. 3. 1939, He joined the department of Animal Husbandry on 3. 3. 1965 and in the normal course he would have retired on 31. 3. 1997. He further contended that the order of his premature retirement was passed on 6. 3. 1995, whereas the petitioner completed 55 years on 31. 3. 1994. According to the petitioner his service record is good and outstanding. There was nothing against him except the false and fabricated case implicating him under Section 7/13 of Prevention of Corruption Act while he was working as SDO (AH) at Nuh. He further contended that the action of the respondent department reinstating him on 6. 3. 1995 and simultaneously retiring him compulsorily on the same day is malafide, illegal and unconstitutional and the same is, therefore, liable to be set aside. Since he did notjoir the duty after having been reinstated on 6. 3. 1995 and simultaneously order of compulsory retirement was passed, therefore, it cannot be said that the petitioner, was on duty when he was compulsorily retired. Therefore, it must be taken that he continued to be under suspension. Therefore the order of compulsory retirement is liable to be set aside. He also contended that there is no provision under the rules that three months' pay to be given in lieu of notice. According to the petitioner, he completed only 30 years of service on the date of his retirement. Therefore, he is not entitled to the benefit of full pension and that the order of compulsory retirement is arbitrary and it also casts a stigma. The petitioner is, therefore, seeking to quash the order compulsorily retiring him from service.

(3.) There is no dispute of the fact that the Govt. employee can be compulsorily retired from service under Rule 3. 26 (d) of the Punjab Civil Services Rules as applicable in the State of Haryana after he attained the age of 55 years. Admittedly, the petitioner attained the age of 55 years. The order of compulsory retirement which is annexed as Annexure-7 with the writ petition reads as follows : "whereas it has been decided by the Government to retire Dr. Khajan Singh, Sub Divisional Officer (AH), Department of Animal Husbandry, Haryana, from service in the public interest. Now, therefore, in terms of the provisions contained in the note below Rule 5. 32-A (c) of the Punjab Civil Services Rules, Vol. II read with Rule 3. 26 (d) of the Punjab Civil Services Rules, Vol. I, Part-1, as applicable to the employees of the State of Haryana, the Government hereby retires. Dr. Khajan Singh from service with effect from the date of communication to him of this order on payment of three months' salary and allowances in lieu of notice as required by Rule 5. 32a (c) of the Punjab Civil Services Rules Volume II. Demand Draft No. 392759 dated 17. 2. 1995 drawn in his favour on the State Bank of India, towards payment of three months' salary is enclosed. "