A.L. Bahri, J. - (1.) THE Motion Bench referred this case to the Full Bench vide order dated March 7, 1994, as correctness of the view taken by the Division Bench in K.K. Vaid v. State of Haryana, 1990 (1) S.L.R. 1 was doubted.
(2.) DAYA Nand was appointed as a Patwari on January 6, 1961 in the Department of Urban Estate under the Land Acquisition Officer, Karnal. In 1966 he was sent to the Revenue Department. In that department he worked at different places. During his service tenure no adverse entry was recorded in his service record which was stated to be good throughout especially during the last ten years except that there was one or two 'average' reports. There was no entry regarding doubtful integrity or dishonesty of the petitioner ever recorded. On June 14, 1993 he crossed 55 years of age and was allowed to continue in service in view of the good record. It was a surprise to him when he received order Annexure P.1 dated July 13, 1993 pre -maturely retiring him from service in public interest. He submitted representation Annexure P.2. Having received no response he filed the present writ petition in September 1993 challenging order Annexure P.1. On notice of motion the writ petition was contested by the respondents by filing written statement inter alia asserting that service record of the petitioner was not good. The record was full of complaints. In one of the complaints the petitioner had tendered apology in writing on April 8, 1993 whereby he assured that in future he would not do any mistake and malpractices. Copy of the same is Annexure R.1. His service record had been "average and he had earned only four good reports (factually one good report) in the last ten years. All the adverse reports were duly conveyed to the petitioner. He was rightly retired from service in public interest keeping in view his service record. Reliance was placed on the decision of the Supreme Court in Baikuntha Nath v. Chief Medical Officer : A.I.R. 1992 S.C. 1020. Annexure R.2 was produced indicating overall grading as well as adverse remarks communicated to the petitioner from time to time in the past ten years i.e. from 1976 -77 to 1989 90. For the year 1986 -87, the overall grading was "good". For all other years the overall grading was "average". Such average reports were conveyed to the petitioner for the year 1983 -94 to 1989 -90 except for the year 1987 -88 when "average" report was not conveyed. Even for the year 1986 -87 when overall grading was "good", the remarks were communicated as 'over -clever Patwari'. For the year 1988 -89 the adverse remarks communicated were "irregular in performing the Government duty". In 1989 -90 "not fit for promotion and also not laborious."
(3.) RULE 3.26 (a) and (d) of the Punjab Civil Service Rules Volume I, as applicable in the State of Haryana reads as under: - "3.26 COMPULSORY RETIREMENT (a) Except as otherwise provided in other clauses of this rule, every Government employee shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty -eight years. He must not be retained in service after the age of compulsory retirement, except in exceptional circumstances with the sanction of the competent authority in public interest, which must be recorded in writing. xxxxx xxxxx xxxxx xxxxx "(d) The appointing authority shall, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any Government employee, other than Class IV Government employee by giving him notice of not less than three months in writing or three months' pay and allowances in lieu of such notice: - (i) If he is in class I or class II Service or post and had entered Government service, before attaining the age of thirty -five years, after he has attained the age of fifty -years; and (ii) (a) If he is in class III Service or post, or (b) If he is class I or class II Service or post And entered Government service after attaining the age of thirty -five years; after he has attained the age of fifty -five years; The Government employee would stand retired immediately on payment of three months' pay and allowances in lieu of the notice period and will not be in service thereafter. (e) A Government employee, other than a class IV Government employee, may by giving a notice of not less than three months in writing to the appointing authority, retire from service - (i) if he is in class I or II service or post and had entered Government service before attaining the age of thirty -five years after he has attained the age of fifty years; and (ii) (a) if he is in class III service post; or (b) if he is in class I or class II service or post and entered Government service after attaining the age of fifty five years: Provided that it shall be open to the appointing authority to withhold permission to a Government employee under suspension who seeks to retire under this clause.";