U K DESAI Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner joined Gujarat Electricity Board as a Sub-Engineer in 1957 and by 1971 he rose to the position of an Executive Engineer. After he completed the age of 50 years the respondent Board by its order dated 4-6-1980 retired him compulsorily. This order of premature compulsory retirement is challenged in this petition.

(2.) It is not in dispute that the order of compulsory retirement was passed by the respondent Board in exercise of its powers under Regulation 72 of the Gujarat Electricity Board Service Regulations (hereafter referred to as the Regulations). Power of the respondent Board to take such an action is not disputed. What is challenged is the action of the respondent Board in retiring the petitioner compulsorily on the ground that the action is not consistent with the criteria fixed by the said Regulation.

(3.) Regulation No. 72 provides for retirement on the date of completion of 58 years of age. It also provides that the appointing authority may without assigning any reason retire an employee by giving him notice of not less than three months in writing or three months salary in lieu of such notice on or after the date on which he attains the age of 50 years. Note below that regulation lays down the criteria and procedure to be observed to ensure uniform and equitable application of the main provision. Relevant part of the Note is as under: Note :-The following criteria and procedure should be observed to ensure uniform and equitable application of this provision: