- (1.) The petitioner who was working in the Government Co-educational High School, Prem Nagar, Kairnal, was served with a notice dated 29.6.1989 under rule 3.26(d) of the Punjab Civil Services Rules, Volume I, Part I, read with rule 5.32-A (c) and notes thereunder of the Punjab Civil Services, Rules, Volume-TI, as applicable to the State of Haryana to retire him with effect from 29.9.1989. The impugned order was passed on the basis of the Government policy framed vide^letter No. 32/168/83-1/GSI, dated 19.8.83 which envisages that every employees has to get at least seven annual confidential reports as Good/Very Good/Excellent out of the last ten reports for being retained in service beyond the age of 55 years.
(2.) The petitioner has impugned the order of premature retirement of the ground that he had unblemished record and that no advance entry was ever communicated to him. He has further urged that this order of premature retirement cannot he sustained at law in view of the law laid down by this Court in K.K. Vaid v. State of Haryana, 1990(1) S.L.R. 1 .
(3.) On notice of motion having been issued, the respondents put in appearance and filed a detailed written statement. The stand of the respondents is that the Government has the absolute right to retire any employees after attaining the age of 55 years ; and that the service record of the petitioner would show that he had earned 70 per cent good reports during the proceeding ten years and as such he was not considered fit for retention in Government service in view of the instructions of the government.;