Gokal Chand Mital, J. - (1.) AVTAR Singh as an ex -army personnel joined as a Platoon Commander in Home Guards on 3rd November, 1968. On 7 -2 -1974, he was absent from parade and due to his inefficiency and being absent he was discharged from service on 12 -2 -1974. However, on his representation and assurance, he was reinstated on 30th August, 1974. He did not improve and remained below average and for that reason he was not allowed to cross efficiency bar on 1st May, 1975, 1st May, 1976 and 1st May, 1977. Since throughout his record was below average he was pre -maturely retired on 17th April, 1979 after having attained the age of more than 50 years, in accordance with Rule (3) of the Punjab Civil Service (Pre -mature Retirement) Rules, 1975 (hereinafter called 'the 1975 rules'), by giving three months notice. Since he had not completed more than ten years of qualifying service he was not granted pensionary benefits.
(2.) ON 27th August, 1980, he filed civil suit to challenge his pre -mature retirement as also the denial of pensionary benefits. Both the Courts below found no merit in the claim and dismissed the suit and this is his second appeal.
(3.) ON a consideration of the matter, I am of the view that there is no scope for interference with the pre -mature retirement order.;