- (1.) Petitioner, a skilled worker, has been compulsorily retired in public interest, vide order dated 19th October, 2000, which is assailed in the present writ petition. Petitioner was otherwise due to superannuated on 21.7.2010, and was in the employment of Corporation since 2.5.1974.
(2.) Compulsory retirement of an employee of the respondent Corporation is regulated by the provisions of the U.P. State Electricity Board (Employees Retirement) (Second Amendment) Regulations, 1993. Clause 2(b) of the Regulations of 1993 provides that without any reason, the appointing authority or any authority, to which appointing authority is subordinate may retire an employee in public interest, if he has completed 20 years of qualifying service and has attained the age of 50 years, by giving three months' notice. Regulation 2-A of 1993 Regulations provides for the considerations to be had for such purposes. Regulation 2-A is reproduced:- "2-A In order to be satisfied whether it will be in the public interest to require a Board's servant to retire under clause (b) the appointing authority or any authority to whom the appointing authority is subordinate may take into consideration any material relating to the efficiency & suitability of the Board's servant including Service Records, Annual Confidential Reports, any report of the Vigilance Establishment or any other Inquiry Report and other relevant material."
(3.) A circular dated 13th March, 2000 has been issued reconstituting screening committees for undertaking exercise to screen employees for the purposes. Directions, thereafter, were issued by the Superintending Engineer on 28th July, 2000 for compliance of circular dated 13th March, 2000. Vide office order No.19.8.2000, a three member committee had been formed, which was further modified on 5.9.2000. The committee, so constituted, examined claims of 120 persons, and also conducted an interview, on the basis whereof a decision was taken to compulsorily retire 07 employees including the present petitioner. Minutes of the screening committee has been brought on record, vide Annexure-4-A to the counter affidavit. As per the chart, which contains assessment of all 120 employees, including the petitioner whose name appears at serial no.108, shows that petitioner's date of birth is 22.7.1950, and has attained the age of 50 on 22.7.2000. Petitioner's integrity from 1990-91 to 1994-95 has been certified. It is further recorded that there was no adverse entry in the petitioner's service book. However, following observations have been made:- IMAGE;