B.A. Zaidi, J. - (1.) The petitioner was posted as an Executive Engineer since June 18, 1996 in Uttar Pradesh Jal Nigan with respondents No. 1, 2 and 3 and was functioning as Pariyojna Prabandhak, Yamuna Pollution Control Unit, U.P. Jal Nigam, Arga, when has been compulsorily retired by respondent No. 1 vide order dated 1.9.2005 passed by Managing Director of U.P. Jal Nigam, copy of which is Annexure 2 on the record. He seeks a writ of certiorari for quashing this order and to reinstate, also claiming a few more reliefs.
(2.) The order of compulsory retirement of a Sate employee including an employee in the U.P. Jal Nigam is passed under Rule 56(c) of "U.P. Fundamental Rules", which is as below: 56(c) Notwithstanding anything contained in Clause (a) or Clause (b), the appointing authority may, at any time by notice to any Government servant (whether permanent or temporary), without assigning any reason, require him to retire after he attains the age of fifty years or such Government servant may by notice to the appointing authority voluntarily retire at any time after attaining the age of forty-five years or after he has completed qualifying service of twenty years .
(3.) The contention of the petitioner is that the order of his compulsory retirement is malafide, arbitrary, unreasonable and deserves, therefore, to be set aside.;