M.R. Agnihotri, J. - (1.) This case is squarely covered by the Division Bench judgment of this Court reported as
(2.) The petitioner who was working as Headmaster, Government High School, Jalalpur, District Karnal, was appointed as Social Studies Master on 6th September, 1961. He was promoted as Headmaster on 20th November, 1984. However, on 10th May, 1989, he was served with three months' notice deciding to retire him from service on attaining the age of 55 years. This notice has been challenged by the petitioner on the ground that during the last ten years, his service record has been wholly satisfactory and the impugned decision to retire him prematurely is arbitrary.
(3.) In the written statement, the impugned decision is sought to be justified on the ground that according to the instructions of the State Government dated 16th August, 1983, the petitioner had not earned 70 per cent 'good' reports. This has been done by treating 'average' reports as adverse.;