S.ABDUL NAZEER,J. - (1.) Leave granted.
(2.) The appellant was appointed as sub Judge on 14.1.1975. He was inducted as a member of the Higher Judicial Service on 19.4.1995. He was granted selection grade on 20.11.2003. He was conveyed with the adverse entry in his Annual Confidential Report for the year 2003-2004 on 30.10.2004. He sought a clarification from the Registrar (Vigilance) as to whether the aforesaid remarks were advisory or adverse in nature. The respondent vide letter dated 1.12.2004 conveyed that the remark in column No.13 against him was 'adverse' whereas the remark in column No.14 was 'advisory' in nature. After prolonged correspondence, the respondent conveyed to the appellant vide letter dated 5.3.2005 that upon consideration of the entire matter, the Full Court felt that the adverse entry in column No.13 was not specifically relatable to any particular record nor it had any specific genesis of particular record of his service.
(3.) As per the gradation list of Himachal Pradesh Judicial Service as it stood on 1.1.2005, the date of retirement of the appellant was shown as 31.7.2007 on which date he completed the age of 60 years as provided under Rule 14 of the Himachal Pradesh Judicial Service Rules, 2004 (hereinafter referred to as 'the Rules'). The High Court issued a notification at Annexure P-16 dated 20.4.2005 holding that the appellant stands retired from service with effect from the afternoon of 31.7.2005, i.e. the last day of the month in which he attains the age of superannuation, i.e. 58 years under proviso to Rule 14 of the Rules. The said Notification is as under: "HIGH COURT OF HIMACHAL PRADESH, SHIMLA-171001 HHC/GAZ/14-46/74-IV Dated Shimla April 20, 2005. NOTIFICATION Hon'ble the Chief Justice and Hon'ble Judges of the High Court of Himachal Pradesh are pleased to order that Shri P.D. Goel, District and Sessions Judge, Chamba (a Member of Himachal Pradesh Judicial Service), shall stand retired from service on and with effect from the afternoon of 31st July, 2005 i.e. last day of the month in which he attains the age of superannuation, that is, 58 years, under Rule 14 of Himachal Pradesh Judicial Service Rules, 2004. BY ORDER OF THE HON'BLE HIGH COURT OF H.P. REGISTRAR GENERAL Endst. No. HHC/GAZ/14-46/74-IV- Dated: 20.04.2005";