Altamas Kabir, J. - (1.) This appeal is directed against the judgment and order dated 17th May, 1989 passed by a learned Single Judge of this Court in Matter No. 1121 of 1987, allowing the writ application filed by the respondent No. 1 herein and quashing the order of compulsory retirement passed against him under Rule 56(j) of the fundamental Rules
(2.) The case of the writ petitioner/respondent No. 1 is that he was initially appointed as Inspector of Tea Estates for Kangra and Mandi Tea Estates on 16th December, 1955, with Head Quarters at Dharamsala in the State of Himachal Pradesh. On 4th February, 1963, the petitioner vas promoted to the post of Field Advisory Officer and in 1968 he was transferred to the Regional Office of the Tea Board at Jorhat in the same rapacity. The respondent No. 1 held the said post till November, 1971, and, thereafter, he was promoted and transferred to the Head Quarters of the Tea Board at Calcutta as Assistant Plantation Officer. He was confirmed in the said post on and from 19th April, 1980. Because of his satisfactory service, the respondent No. 1 was, thereafter, selected tad promoted to the post of Deputy Director, Tea Development, and as posted at Guwahati in the month of April, 1985.
(3.) It appears that pursuant to certain guidelines given by the Central Government relating to compulsory retirement under Rule 56(j) of the Fundamental Rules, a Review Committee was constituted by the Tea Board on 18th December, 1985, to consider the cases of 22 officers and to ascertain as to whether they should be compulsorily retired in the Public interest under Rule 56(j) of the Fundamental Rules. The respondent No. 1 was one of the said 22 officers whose cases were taken up by the Review Committee. It appears that the Review Committee at its meeting held on 16th January, 1987, recommended that the respondent No. 1 be compulsorily retired and such recommendation was accepted by the Tea Board at its meeting held on 17th January, 1987. Thereafter, I on 17th January, 1987, the Tea Board issued an order in exercise of the powers conferred by Clause (j) of Rule 56 of the Fundamental Rules, retiring the respondent No t with immediate effect.;