- (1.) Leave granted.
(2.) We have heard the counsel on both sides. This appeal by special leave arises from an order of compulsory retirement of the appellant dated 23/3/1990 made in exercise of Rule 65 (l) (b) of the Maharashtra Civil Services (Pension) Rules, 1982. The appellant had completed 30 years of service in Class III service but he had not completed 55 years of age. The government relying upon the adverse remarks in the reports for the years 1987-88 and 1988-89 exercised the above power to compulsorily retire the appellant from service. When he impugned the order in a writ petition which was subsequently transferred to the Maharashtra Administrative tribunal at Nagpur bench in TA No. 198 of 1992 by order dated 20/4/1993, the tribunal dismissed the application. Thus this appeal by special leave.
(3.) The government preserved power under Rule 10 (4 (b) to retire government servant which reads thus: ".. Any government servant who holds a post in Class III service of the State, either pensionable or non-pensionable, after he has attained the age of fifty-five years". The object of the compulsory retirement is to see that the inefficient and corrupt persons are removed but no sufficient evidence was available to dismiss or remove him from service after enquiry, they are weeded out from service with a view to secure efficiency in public service and to maintain honesty and integrity among the service personnel. The question is whether the respondents have exercised the said power to serve the above public purpose Rule 65 (1) (b) reads as under: "65.Retirement on completion of 30 years' qualifying service.- (1 At any time after a government servant has completed thirty years' qualifying service, he may retire from service, or he may be required by the appointing authority to retire in the public interest: (A) a government servant shall give a notice in writing to the appointing authority at least three months before the date on which he wishes to retire; or (B) the appointing authority shall give a notice in writing to a government servant at least three months before the date on which he is required to retire, in the public interest, or three months' pay and allowances in lieu of such notice. ";