(1.) THE controversy here, though lying within a narrow compass, namely, whether the crossing of the efficiency bar by a Government servant has the effect of washing away all previous adverse entries in his service record, also raised other and no less significant consequential issues, in the context of retention in service on completion of the requisite qualifying service or pre-mature retirement, as the case may be, and further promotion in service.
(2.) WHAT has brought this matter to the fore is the order passed by the Divisional Manager, Transport Department, Punjab, prematurely retiring the writ petitioner Kulwantbir Singh ifrom service on his attaining the age of 50 years in terms of Rule 3 (1) (a) of Punjab Civil Services (Pre-mature Retirement) Rules, 1975, which is in these terms:-
(3.) THE petitioner Kulwantbir Singh had joined service as Conductor with the Punjab Roadways. He was confirmed as such in December 1971 and in August, 1982 was promoted as Inspector. During his first three years as Inspector, that is from 1982 to 1985, he earned the grading 'average' but in 1985-86 his reputation for honesty was branded as 'below Average' which was also the overall grading given to him. This adverse report was duly conveyed to him. The petitioner has no doubt contended that it had not been communicated to him, but after perusal of the original record the learned Single Judge took it that it was sent to the petitioner and must have been received by him. We see no reason to hold otherwise. Be that as it may, it appears that no representation was filed against it.
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