- (1.) This is a writ petition by Mr. M.S. Sisodia, Executive Engineer, Haryana, P.W.D. (B and R Branch), Rohtak, challenging the order of compulsory retirement passed under the provisions of Rule 5.32(c) of the Punjab Civil Services Rules , Volume II and Rule 3.26(d) of the Punjab Civil Services Rules , Volume I, Part I, as applicable to the State of Haryana. The order of compulsory retirement dated September 14, 1989 (Annexure P-3) reads as follows : "Whereas the Governor of Haryana is of the opinion that it is in the public interest to retire Shri M.S. Sisodiya, Executive Engineer, Haryana, PWD B and R Branch from service after his attaining the age of 50 years by giving him three months notice. Now, therefore, in pursuance of the provisions contained in Rule 5.32(c) of the Punjab Civil Service Rules, Volume II and Rule 3.26(d) of the Punjab Civil Services Rules , Volume I, Part I, as applicable to the State of Haryana, the Governor of Haryana, in the public interest, hereby serves him with three months notice. He will retire from Government service on the expiry of three months period from the date of receipt of this notice by him."
(2.) The petitioner's challenge in the writ petition is that his service record is good and the order of compulsory retirement is arbitrary, capricious and has been passed on extraneous considerations. The order of compulsory retirement cannot be justified by the record of service.
(3.) Shri S.R. Sharma, Under Secretary to Government, Haryana, P.W.D. (B and R) Department, had filed the written statement on behalf of the State. The State has controverted the stand taken by the petitioner in the written statement and has justified the order of compulsory retirement passed in this case.;