S.Saghir Ahmad, J. - (1.) THE petitioner, by means of this petition, has challenged the order of compulsory retirement dated 12th September, 1984 passed under Rule 56 (C) of the U.P. Financial Hand book Vol. 2 Part 2 to 4. The petitioner was appointed on 31st August 1951 on the post of Cane Development Inspector, in June 1972 he was promoted to the post oe Senior Cane Development Inspector. It was from this post that the petitioner was compulsorily retired by the impugned order dated 12th September 1984 which is contained in Annexure -1.
(2.) IT is stated in the petition that the petitioner's record of service has all along been satisfactory and except the adverse entry for the years 1972 -73, no other entry was communicated to the petitioner which could be said to be an adverse entry. It is further stated that the petitioner was allowed to cross the Efficiency Bar in 1978 and was once again allowed to cross the Efficiency Bar in 1981, the effect of which would be that even the adverse entry for the year 1972 -73 would stand washed off. It is further stated that the adverse entry for the year 1972 -73 was communicated to the petitioner in 1978 against which he had filed a representation which was rejected by order dated September II, 1984 and the next day i.e., on September 12, 1984, he was retired from service compulsorily. The opposite parties have filed a counter affidavit. They have also filed supplementary counter affidavit in reply to the supplementary affidavit filed by the petitioner.
(3.) WE have heard the learned counsel for the parties and have gone through the writ petition and the counter affidavit and other affidavits filed in the case.;