B S YADUVANSHI Vs. NATIONAL SEEDS CORPORATION LTD
LAWS(DLH)-2007-3-133
HIGH COURT OF DELHI
Decided on March 14,2007

B.S.YADUVANSHI Appellant
VERSUS
NATIONAL SEEDS CORPORATION LTD. Respondents

JUDGEMENT

DR. MUKUNDAKAM SHARMA, CJ - (1.) By this appeal the appellant prays for setting aside and quashing order dated 3rd April, 1992 passed by the respondent Corporation compulsorily retiring the appellant from its service. Order dated 1st May, 2006 passed by the learned Single Judge dismissing the writ petition filed by the appellant is also under challenge in this appeal.
(2.) The appellant joined the respondent Corporation as Assistant (Accounts) on 19th November, 1966. He was promoted as Accountant in November, 1969 and later he was promoted as Accounts Officer in January, 1978. By Officer Order No.67 dated 3rd April, 1992, issued in the name of the Chairman-cum-Managing Director of the respondent Corporation, the appellant was compulsorily retired from service in exercise of the powers conferred under Rule 56(J) of the Fundamental Rules. The said order was challenged by the appellant by filing a writ petition which was registered as WP(C) No.12/1993. The said writ petition was however dismissed on 1st May, 2006 as against which the present appeal was filed.
(3.) When the appeal was listed before the Division Bench of this Court, it was recorded that the counsel for the appellant had confined his submission only to the limited plea that if the appellant was not found fit to continue in his present post, his fitness to continue in a lower post ought to have been considered. In support of the said contention counsel relied upon Instructions dated 5th January, 1978 issued by the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms. Accordingly notice was issued restricted to the aforesaid ground which was raised with particular reference to the aforesaid Instructions of the Government of India.;


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