- (1.) This writ petition is directed against the order dated 7.3.1995 whereby the petitioner, based on the recommendation of the screening committee, was retired compulsorily from service with effect from 3.8.1994 (afternoon).
(2.) The brief facts relevant for the purpose of present case are that the petitioner after due selection in the year 1975, was appointed as Munsif vide order dated 23.12.1976 and was thereafter confirmed. The petitioner was promoted in senior pay scale on 4.1.1986 and in the selection grade by order dated 29.10.1992 on completion of his regular and satisfactory service. It appears that at the relevant point of time the age of superannuation of judicial officers being 58 years was under the active consideration of the State Government for being enhanced to 60 years and as a matter of course, all those cases which, as per the rules, had fallen for consideration within the scope of Rule 56 of the Fundamental Rules for compulsory retirement, stood affected but the position was clarified by the apex court in the judgement rendered in the case of All India Judges Association v. Union of India and others, 1993 4 SCC 288. Although U.P. Judicial Officers (Retirement on Superannuation) Rules, 1992 came into force on 20.10.1992 but consideration of the petitioner for compulsory retirement being unaffected was proceeded with and the screening committee met on 2.8.1994 when having regard to the petitioner's service record, it was found that he was no more worth of being retained in service and was categorized to be a 'dead wood' alongwith certain other officers.
(3.) The impugned order passed against the petitioner has been challenged primarily on the ground that the same having been passed retrospectively, cannot be given effect to from an earlier date and such an exercise of power vitiates the impugned action.;