Anupinder Singh Grewal, J. - (1.) THE petitioner has sought quashing of the decision taken by the respondents to retire him at the age of 58 years with a further direction that he be allowed to continue in service till the age of 60 years.
(2.) THE petitioner had joined the Rajasthan Judicial Services on 21.09.1967. He was promoted to the post of Chief Judicial Magistrate on 09.05.1975. He was thereafter, promoted to the post of Additional District & Sessions Judge in the cadre of Rajasthan Higher Judicial Service on the basis of selection made by the High Court on 17.03.1979. A Committee of the High Court, comprising 7 Judges after consideration of his record, decided to retire the petitioner at the age of 58 years. This recommendation of the Committee of 7 Judges was considered and approved by the Full Court of the High Court. This decision is impugned in the instant petition. The learned counsel for the petitioner has contended that the service record of the petitioner was satisfactory and hence, there was no basis to deny him continuation in office till the age of 60 years. He has relied upon the judgment of the Supreme Court in the case of All India Judges' Association and Others v. Union of India & Ors. reported as : (1993) 4 Supreme Court Cases 288 and Nand Kumar Verma v. State of Jharkhand & Ors. reported as : (2012) 3 Supreme Court Cases 580.
(3.) PER contra, the learned counsel for the respondents submitted that the entire service record of the petitioner was taken into consideration by the Committee of 7 Judges of the High Court which recommended his retirement at the age of 58 years. This recommendation was approved by the Full Court of the High Court, and hence it could not be said that there was any arbitrariness or illegality in the decision taken to retire the petitioner at the age of 58 years.;