DAYA CHAUDHARY, J. - (1.) THIS is an application for preponement of date in the main case, which is fixed for hearing on 5.5.2014. Application is allowed and main case i.e. C.W.P. No. 3605 of 2014 is taken up for hearing today.
(2.) THE present petition has been filed to challenge order dated 15.1.2014 passed by Chief Administrator, HUDA, whereby, the petitioner has been ordered to be compulsory retired from service after giving three months prior notice. A prayer is also there to issue directions to the respondents to allow the petitioner to continue till the age of superannuation. Brief facts of the case as mentioned in the petition are that the petitioner was initially appointed on adhoc basis in the year 1982 and thereafter his services were regularized on the post of Clerk in the year 1994. The minimum qualification for the post of Clerk was matric with a condition in the appointment letter that the petitioner be put on probation for a period of two years, which could be extended further upto three years. As per condition in the appointment letter, he has to clear the type test in English and Hindi within one year from the date of his joining i.e. 21.10.1994 and in case of failure to pass the said test, no annual increment was to be granted to him.
(3.) THE petitioner could not clear the type test as per requirement of the appointment letter and, therefore, his case was processed for further retention in service at the age of 55 years and vide order dated 15.1.2014, he was ordered to be compulsory retired on the ground that he lacks professional integrity by not making efforts to pass the type test and a decision was taken to retire him as per Rule 3.26 (d) of Punjab Civil Services Rules by giving him three months prior notice. The said order of compulsory retirement is subject matter of challenge in the present petition.;