Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) The petitioner has challenged the order dated 16.4.2005 by which he has been compulsorily retired from service passed by the Chairman, Zila Panchayat, Etah in exercise of powers under amended Rule 56 of the Fundamental Rules, Part "C'. The order is as under:- "...[VERNACULAR TEXT OMITTED]...
(3.) The petitioner was posted as Revenue Superintendent under the Chairman, Zila Panchayat, Etah. It is claimed that the date of birth of the petitioner is 12.7.46 and he would have retired from service in July 2006 on attaining the age of 60 years. It is stated that the order impugned is illegal, arbitrary and has been passed with ulterior motives for reasons that the petitioner was promoted as Revenue Inspector 4.5.1979 while one Sri Siya Ram, who is junior to the petitioner, was promoted on the same post on 1.4.1980. Sri Siya Ram was thereafter promoted to the post of Tax Officer in July 1987 and the representation of the petitioner was stonewalled by the respondents. It is alleged that on the aforesaid background, the impugned order has been passed without his case having been considered by the Screening Committee, which was never constituted. It is urged that there was no complaint against the petitioner either from public or from any superior authority but he has been compulsorily retired without any basis and that there does not exist any ground for passing the impugned order of compulsory retirement.;