I.S. Tiwana, J. - (1.) THE matter is before us on a reference primarily to judge the vires or validity of the Haryana Government instructions dated August 13, 1983 (Annexure P -3 to the petition). The relevant part of these instructions reads as follows: Subject : Extension in service beyond the age of 50/55 years. Change in policy for granting extension after the age of 55 years. XXX XXX XXX After reconsidering the matter, it has been decided by the Government that the extension beyond the age of 55 years may be granted to the officials/officers with the condition that, more than 70 per cent of the last 10 confidential reports are good or above. In the case of Gazetted Officers ... ... ... ... Average report should be conveyed to the officers and if any representation against such reports is received within six months, necessary decision thereon should be taken. ... ... ... ...
(2.) AS the learned Single Judge before whom the case initially came up for hearing was of the opinion that the question involved is likely to govern the fate of a large number of employees and a good number of similar cases pending in this Court, it is worthwhile that the question be decided by a larger Bench. This is how we are seized of the case. In order to appreciate the respective contentions raised by the parties, it is necessary to notice the following facts: The Petitioner stands prematurely retired, - -vide the impugned order Annexure P.5. It reads: Whereas the Governor of Haryana is of the opinion that it is in the public interest to retire Shri Krishan Kumar Vaid, Sub Divisional Officer, Public Works Deptt. (Irrigation Branch) Haryana, 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 5.32 -A(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 employees of the State of Haryana the Governor of Haryana, in the public interest, hereby orders that Shri Krishan Kumar Vaid, Sub Divisional Officer, Public Works Department Irrigation Branch Haryana shall stand retired from service under the State Government of Haryana on the expiry from three months from the date of issue of this notice. Dated Chandigarh the 17th July, 1986. (M.C. Gupta), Financial Commissioner & Secy. to Govt. Haryana Irrigation Deptt.
(3.) IT is the categoric case of the Respondent authorities (para 13 of the written statement) that the Petitioner has been retired in terms of the rules referred to in the order and the Government instructions Annexure P.3. Their precise stand is that since the service record of the Petitioner did not meet the criteria laid down in Annexure P.3, they had no choice but to retire him compulsorily. In other words, the stand is that since the Petitioner failed to get 70 per cent 'good or above' confidential reports during the last ten years of his service career, he had to be shunted out in public interest. On the other hand, what is urged on behalf of the Petitioner is that the above noted criteria as contained in the Government instructions is not only violative of the test laid down in Rule 3.26(d) of the Punjab Civil Services Rules, Volume I, but is also in direct conflict with 3.26(a) of these rules. Before proceeding any further it appears appropriate to notice the contents of these provisions and to have a glance at the balance -sheet of the Petitioner's service record as disclosed in the written statement itself. The relevant contents of Clauses (a) and (d) of Rule 3.26 are as follows: 3.26 (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: ... ... ... ... ... ... (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 month's 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 or post and entered Government service after attaining the age of thirty -five years; after he has attained the age of fifty -five years.;