- (1.) The present appeal is directed against the judgment dated 21.2.2011 passed by the learned Single Judge in Civil Writ Petition No. 8651 of 2010.
(2.) The appellant, whose date of birth is 29.1.1955, was recruited as a Constable on 1.9.1974 and further promoted as Head Constable and ASI. The appellant was to attain the age of superannuation in the year 2013. He was served with a notice for compulsory retirement on 20.11.2009 and in pursuance to such notice, the appellant was ordered to be compulsorily retired from service w.e.f. 27.2.2010, vide order dated 27.2.2010, passed by the Superintendent of Police, Ambala. Such order of compulsory retirement was impugned by way of filing of Civil Writ Petition No. 8651 of 2010 and the learned Single Judge having dismissed the petition vide judgment dated 21.2.2011, resultantly, the instant appeal has been filed.
(3.) Shri Parveen Kumar Rohilla, learned counsel appearing for the appellant while assailing the judgment passed by the learned Single Judge has raised a three-fold submission: "a) Heavy reliance has been placed on the instructions dated 11.4.2005 on the subject of extension in service beyond the age of 55 years to contend that while taking a decision to compulsorily retire an employee it is only the service record pertaining to the last ten years that had to be taken into consideration; "b) It was contended that the punishments imposed upon the appellant in the nature of stoppage of three annual increments with permanent effect, another punishment of stoppage of two increments as also the punishment of censure pertain to the years 1994 and 2003 and such punishments lose their effect with the efflux of time; "c) Learned counsel has also strenuously argued that the appellant having been promoted on 23.12.2002 to the post of ASI, as such the punishments imposed prior to this period could not have been taken into account while taking a decision to compulsorily retire him.;