UMESHA NAND MISHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant writ petition is under Article 226 of the Constitution of India, praying inter alia therein the following reliefs:

(2.) The brief facts, as per the pleading made in the writ petition, which requires to be referred herein for consideration of the issue agitated by the writ petitioner reads hereunder as:

(3.) The writ petition has been heard and on being called upon the respondent no.3, the Registrar General, Jharkhand High Court who has filed counter affidavit, inter alia, therein the stand has been taken that a list of 130 judicial officers who come under the purview of the age of 50-55 years (57 officers), 55-58 years (44 officers) and 58-60 years (29 officers) as on 30.06.2017 was placed before Hon'ble the Acting Chief Justice, whereupon vide minutes dated 12.07.2017, the matter has been referred before the Screening Committee for consideration. The name of the petitioner figured at Sl. No.38 among the list of 44 officers under the age group of 55-58 years. The Screening Committee considered the entire service records, ACR, overall performance and Vigilance report and on careful consideration of service record of each and every judicial officers, it was resolved vide minutes dated 03.08.2017 that the services of 12 judicial officers including the petitioner are not required to be continued and they be retired from their services compulsorily under Rule 74(b) (ii) of the Jharkhand Service Code, 2001. The recommendation of the Screening Committee dated 03.08.2017 was placed before the Acting Chief Justice, whereupon the matter was transferred upon the Standing Committee, the Standing Committee of the High Court after considering the recommendations/reports of the Screening Committee including the service records, Vigilance files and entries made in the ACRs and after consideration of each and individual case, in exercise of power conferred under Rule 8(1) (ix) of the High Court of Jharkhand Rules, 2001, resolved to accept the recommendation of the Screening Committee dated 03.08.2017 and accordingly, 12 judicial officers including the petitioner were recommended for compulsory retirement under Rule 74(b) (ii) of the Jharkhand Service Code, 2001, in public interest.