B.M. Lal, J. - (1.) THIS petition is directed against the order dated 31 -2 -1989 (Annexure 1 to the petition) communicated to the petitioner on 6 -1 -1990 whereby the petitioner was forced to retire prematurely. In short, the case of the petitioner is that he was appointed as a Gram Sewak by the order dated 22 -10 -1962 passed by the respondent and since then he is discharging his duties efficiently and his work was also commended from time to time by his superior officers and on 1 -7 -1982, he was granted Selection and Super Selection Grade. This shows that till 1 -7 -1982, the petitioner's integrity has neither been withheld nor been doubted in any manner. However, by issuing the order contained in Annexure 1 as stated above, retiring the petitioner prematurely under Fundamental Rule 56, it is said that his integrity was not up to the mark in the year 1983 -84.
(2.) IN the counter -affidavit filed by the respondents it is only averred that the petitioner was confirmed on 30th August, 1977. However, the averments made in paragraphs 8 to 12 of the petition, have not been specifically denied. The short point which arises for consideration in this petition is whether the petitioner having been granted Selection and Super Selection Grade on 1 -7 -1982, the period prior to granting Selection and Super Selection Grade could be taken into consideration against the petitioner for the purposes of retiring him prematurely.
(3.) NO doubt the entries of recent past 5 to 10 years may be taken into consideration in forming the opinion to retire a Government servant in public interest. Here, it may be noted that public interest means purely in public interest and not in political interest or otherwise.;