- (1.) For the reasons given in the application, delay of 51 days in filing the appeal is condoned. CM stands disposed of. LPA No. 75 of 2013 This appeal has been filed against the order dated 12-9-2012 vide which learned single Judge allowed Civil Writ Petition No. 14702 of 2004 by setting aside the order dated 6-7-2004 (Annexure P-3) ordering compulsory retirement of respondent No. 1 -Wassan Singh. That order was passed by invoking the provisions of Rule 3.26(d) of the Punjab Civil Services Rules, Vol. I Part I (for short 'the Rule').
(2.) As per facts on record, Wassan Singh, respondent No. 1 was appointed as an Instructor with appellant No. 1 in the year 1979. He was given Assured Career Progression pay scale w.e.f. 01.05.1999.
(3.) It is not in dispute that the above said scale is given only when the work and conduct of the employee is up to the mark. The Unit in which respondent No. 1 was working was closed in the year 1999. It is specific case of respondent No. 1 that many other instructors similarly situated who had become surplus on account of the closure of the Unit were absorbed in service. Even after closure of the unit in which respondent No. 1 was working, he was allowed to work with the appellant upto 06.07.2004 when he was compulsorily retired. Order (Annexure P-3) passed reads thus:-- "Whereas, I, Rajeev Sharma, IAS, Deputy Commissioner-cum-Chairman, DRDA, Jind is of the opinion that it is in the public interest to retire Sh. Wassan Singh, Instructor, DRDA, Jind from service after his attaining the age of 55 years by giving him three months notice. Now therefore, in pursuance of the provisions contained in rule 3.26(d) of the Punjab Civil Service Rules, as applicable to the employees of DRDA as per DRD Employees Services Rules 2001, I, Rajeev Sharma, IAS, Deputy Commissioner-cum-Chairman, DRDA, Jind in the public interest, hereby orders that Shri Wassan Singh, Instructor, DRDA, Jind shall stand retired from service w.e.f. 11-10-2004 AN from DRDA, Jind on the expiry of three months. Sd/- Deputy Commissioner-cum-Chairman DRDA, Jind dated 6-7-2004." Memo No. DRDA No. 1723;