PUSHKAR SINGH BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the present petition is to set aside the orders Annexure P/6 and Annexure P/7 dated 15.05.2000 vide which the petitioner was ordered to be compulsorily retired from service after giving him pay for 3 months' in lieu of the notice period with a further prayer to grant selection grade after completion of 9 years and 18 years of service from the date he becomes entitled for it.

(2.) While praying for setting aside the impugned orders dated 15.05.2000, learned counsel for the petitioner raised two fold arguments. Firstly, both the orders are cyclostyle orders and have been passed without application of mind as no reason has been assigned behind the compulsory retirement of the petitioner except the ground of public interest and merely by mentioning that the petitioner is retired in public interest, cannot be a ground to retire the petitioner as the explanation for the public interest is to be indicated before passing any such order of compulsory retirement. Secondly, the said order is malafide. The petitioner was transferred four times within a short span of 1? years and even his service book was not complete. The pay from Jan., 1999 to August, 1999 was not given to him. The petitioner had filed representation for denial of his pay for the eight months. Therefore, the order of compulsory retirement has been passed as a counter to the same.

(3.) Learned counsel for the petitioner placed reliance on the following judgments: (1) Rajat Baran Roy and others Vs. State of West Benal and others reported in (1999) 4 SCC 235, (2) M.S. Bindra Vs. Union of India and others reported in (1998) 7 SCC 310, (3) Hans Raj Vs. State of Punjab and others reported in (1985) 1 SCC 134 as well as by this Court in the case of Syed Mubarak Ali Vs. State of Rajathan and another reported in 2000(2) WLC (Raj.) 474. Reply has been filed.