- (1.) This petition is directed against the order of the State Government dated August 23, 1973, compulsorily retiring the petitioner from service under Note I to Art. 465-A of the Civil Service Regulations .
(2.) The petitioner was appointed to the post of Overseer in 1946 in the Irrigation Department of the State of Uttar Pradesh. In January, 1967, he was promoted to officiate as Assistant Engineer. Since then he continued to hold that post. The Executive Engineer made recommendations to the Government for his confirmation but no order could be passed and the petitioner continued to officiate on the post of Assistant Engineer. On August 23, 1973, the State Government compulsorily retired the petitioner on his completing 25 years of qualifying service in accordance with the provisions contained in Note I to Art. 465-A of the Civil Service Regulations.
(3.) Learned counsel for the petitioner urged that the petitioner's work and conduct was throughout excellent and he earned no adverse entry during his service career. No reasonable person could have formed the requisite opinion on the basis of the petitioner's service record that his retention in service was not in public interest. No counter affidavit was filed on behalf of the State Government although this petition was admitted in April, 1974. and notice was issued to the State Government. During the course of hearing learned Standing Counsel produced the petitioner's service record and submitted his arguments on the material contained in the relevant file of the Government.;