GULAB CHAND SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant writ petition, the petitioner has impugned the order of the Govt. of Rajasthan dt. 13.7.2004 whereby in pursuance of Rule 53(1) of Raj. Civil Service Pension Rules, 1996 (Rules 1996) he was compulsorily retired on recommendation of the High Court.

(2.) The facts culled out from the record are that the petitioner was selected in Rajasthan Judicial Service and appointed as Munsif Cum Judicial Magistrate in the year 1974. Thereafter, he was promoted as Civil Judge-cum-Additional Chief Judicial Magistrate in September, 1985 & in June, 1990, he was promoted in Rajasthan Higher Judicial Services and posted as Additional District & Sessions Judge and while discharging his duties as RHJS officer, he was compulsorily retired under Rule 53(1) of Rules, 1996 vide order dt.13.7.2004.

(3.) Rule 53(1) gives right to the competent authority to retire an officer who has completed 15 years of qualifying service or has attained age of 50 years whichever is earlier after recording subjective satisfaction of the authority forming opinion that it is in public interest to retire such govt. servant.