BHARAT DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner seeks to quash the order dt. 13. 4. 1993 (Anx. 1) whereby he was retired compulsorily, with all consequential benefits. It has been prayed that the order dt. 27. 1. 1984 (Anx. 3) whereby penalty of withholding of three grade increments with cumulative effect was imposed, may be set aside.

(2.) THE petitioner has alleged that he was initially appointed as Patwari on 5. 5. 1963 and continued as such but while he was serving as Patwari at Samdari, Tehsil Siwana, Dist. Barmer he has been compulsorily retired vide order dt. 13. 4. 1993 (Anx. 1) Hence, this writ petition.

(3.) A careful reading of the Rule 244 (2) of the Rules of 1951 makes it clear that it empowers the appointing authority to compulsory retire any State Govern- ment employee after giving him three months prior notice, from service she has completed 25 years of service or attained 50 years of age. The main purpose of this provision is to compulsory retire government employees in the public interest whose efficiency is found to be impaired or whose integrity is considered doubtful. The State Government has issued instructions and guidelines in this regard. According to the procedure laid done the appointing authority is required to constitute an internal screening committee for scrutinising cases of employees who completes 25 years of pensionable service or attains 50 years of age. The internal screening committee after considering the entire service record recommends name of the employees for compulsory retirement in the public interest and in certain cases such committee may look into the five years of service record of the government employee preceding the compulsory retirement.