B.S. Chauhan, J. - (1.) This writ petition has been filed challenging the impugned order dated 05.07.1996 by which the petitioner had been given compulsory retirement.
(2.) The facts and circumstances giving rise to this case are that the petitioner was selected as a Member of the U.P. Higher Judicial Service and posted as Additional District Judge, Etawah. Subsequently, he had been transferred at various places and while posted at Etawah, he was put under suspension as the disciplinary proceedings had been initiated against him. He was imposed punishment withholding one annual grade increment with cumulative effect as communicated vide letter dated 31.05.1996 (Annex.6). In view of the directions of Hon'ble Apex Court in All India Judges' Association case, the case of petitioner along with other Judicial Officers who were about to attain the age of 58 years, was placed before the Screening Committee for assessing their potential for continued utility for extending benefit of increase of retirement age to 60 years. The Screening Committee observing that the petitioner was not suitable for continuance in service beyond the age of 58 years, recommended his case for compulsory retirement. The State Government was accordingly moved vide letter dated 5.07.1996 (Annex.1). The Government issued orders retiring the petitioner with effect from 15.07.1996. Hence the present petition.
(3.) Learned counsel for the petitioner has raised large number of issues submitting that in view of the decision rendered in Review Petition No. 249 of 1992 in Writ Petition No. 1022 of 1989 - All Indian Judges' Association & Ors. v. Union of India & Ors., AIR 1993 SC 2493 and in view of the Fundamental Rule 56 of Financial Hand Book Part-II Chapters II to IV, as amended, the question of his compulsory retirement could not arise. More so, the service record of the petitioner had been excellent and there was no justification of passing the impugned order. Thus, the order impugned is liable to be quashed.;