VIDHAN SABHA SACHIVALAYA Vs. KAMLA YADAV

JUDGEMENT

(1.) Seeking exemption to an order dated 2.3.2015, passed by the learned writ court in W.P. No.18808/2014 quashing the order of compulsory retirement issued against the respondent, as per the provisions of Fundamental Rule-56(2) read with the provisions of Section 5(4) of the Madhya Pradesh Vidhan Sabha Sachvalaya Seva Adhiniyam, 1981 (hereinafter referred to as "the Adhiniyam"), this appeal has been filed under Section 2(i) of the Madhya Pradesh Uchcha Nayalaya (Khandpeeth Ko Appeal) Adhiniyam, 2005.

(2.) Facts in nutshell goes to show that respondent was appointed as Lower Division Clerk on 21.6.1979, she was confirmed as Upper Division Clerk on 11.9.1985 and subsequently at the relevant time when the impugned action was taken she was working as Section Officer. After completing 20 years of service and 50 years of age in accordance to the requirement of Fundamental Rule-56(2), the respondent's case was also placed before the Screening Committee. The Screening committee met on 25.8.2014, as is evident from Annexure R-5 available in the record of the writ petition, recommended compulsory retirement of the respondent in public interest, therefore, the impugned action was accordingly taken.

(3.) Being aggrieved by the same, respondent challenged it in W.P. No.18808/2014. One of the main ground for challenge in the writ petition was that the Screening Committee, which met on 25.8.2014 and recommended compulsory retirement had conducted its deliberation on the basis of a circular dated 12.12.2001, which contemplated a provision for awarding marks on the basis of entries made in the service record or gradings granted. It was said that this circular dated 12.12.2001 was superseded and withdrawn by the State Government vide order passed on 22.10.2014 / 25.10.2014 and, therefore, the action taken based on the circular dated 12.12.2001 is unsustainable.