- (1.) The petitioner joined the service as a Sectional Officer in the Punjab P.W.D. (B&R) Branch in the erstwhile State of Punjab in the year 1960. On the re-organisation of the State of Punjab with effect from Ist November, 1986, the petitioner was allocated to the State of Haryana. He was promoted as Sub Divisional Engineer on adhoc basis vide order dated 11th April, 1980. As per the averments made in the writ petition, which have not been denied, his promotion as Sub Divisional Engineer was made on his being cleared by the Screening Committee. The petitioner continued to work as Sub Divisional Engineer, but on 2nd July, 1992, a notice was served on him under 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), that he would be prematurely retired from Government service on the expiry of three month's period from the date of the service of the notice upon him. The present writ petition was filed by he petitioner impugning the said notice. However, the writ petition was dismissed in limine by the Motion Bench on 18th August, 1992. The petitioner filed appeal before the Hon'ble Supreme Court and the same was allowed on 2nd November, 1992 while setting aside the judgment of this Court dismissing the petitioner's writ petition in limine the case was remanded back to this Court for decision on merits. It would be appropriate here to notice the judgment of the Supreme Court passed in the appeal filed by the petitioner:- "Leave granted. The high Court dismissed the writ petition filed by the appellant in the High Court agaisnt his compulsory retirement, merely saying as under:- 'No ground to interfere. Dismissed." This was done by the High Court without giving any notice to the State requiring in to produce the material on which the decision for compulsory retirement of the appellant was made. In response to the notice issued by this Court the respondent State of Haryana has produced the material including part of the service record of the appellant on the basis of which the decision to retire the appellant compulsorily from service was taken. In the peculiar facts and circumstances of this case the High Court we required to examine the question on merits after issuing a notice to the State of the writ petition, on the basis of the relevant material. This has not been done. In view of the material now produced before us by the State of haryana we are of the opinion that the merits of the contention does require consideration with reference to his service record. It would be appropriate, accordingly, to send the matter back to the High Court for this purpose. Consequently, the appeal is allowed, The impugned judgment of the High Court dismissing the appellant's writ petition is set aside. The appellant's writ petition should now be heard on merits by the High Court and disposed of in accordance with law on the basis of service record of the appellant. State of Haryana should produce the relevant record in the High Court for this purpose. The parties are directed to appear in the High Court on 2.12.1992 for taking further directions in this behalf, relating to the hearing of the writ petition which is restored for re-hearing by the High Court.
(2.) Written Statement on behalf of the respondents has been filed, in which the record pertaining to the petitioner's service has been highlighted. The original record has also been produced before me.
(3.) It is not disputed that the petitioner has been working as Sub Division Engineer, on adhoc basis since the date of his promotion with effect from 11th April, 1980. It is further the case of the petitioner that his case had been recommended by the Haryana Government to the Haryana Public Service Commission for approval for being regularly appointed. This fact is not denied. Rather, on the basis of the record, which has also been produced before me, the learned counsel for the respondent has very fairly stated that the Haryana Public Service Commission vide its letter dated 15th May, 1992, had approved the petitioner's case for regular appointment as Sub Divisional Engineer with effect from Ist January, 1986.;