A.P.SEN, ACTG.J. - (1.) THIS special appeal is directed against an order of Shri D.P. Gupta, J., dated 3 -5 -1976 dismissing the writ petition filed by the appellant for quashing an order of the State Government dated 2 -9 -1972 for his compulsory retirement under Rule 244(2) of the Rajasthan Service Rules, 1951.
(2.) HAVING heard the learned Counsel at length, we have formed the opinion that this special appeal must fail. /The learned Single Judge has carefully viewed all aspects of the matter, and we have no reason to come at a different conclusion. The requirements of note below to Rule 244(2) of the Rajasthan Service Rules, 1951 (hereinafter referred to as 'the Rules') are clearly fulfilled. The service record of the appellant as an Assistant Engineer in the Public Works Department was throughout being uniformly unsatisfactory, except for a few years, the Screening Committee ordered his compulsory retirement in public into est. The learned Deputy Government Advocate has placed before us the Secretariat file relating to compulsory retirement of Assistant Engineer in the Public Works Department under Rule 244(2) of the Rules. On the scrutiny of the record, we find that after the appellant had completed 25 years qualifying service, his case along with that of others similarly placed like him, i.e., the other Assistant Engineers, who had completed 25 years qualifying service, was placed before the Screening Committee. The Screening Committee was a high -power body consisting of Sharva -Shri (1) R.S. Kapur Member, Rajasthan Public Service Commission, Ajmer, Chairman; (2) D.C. Joseph, Member. Board of Revenue, Ajmer, Member; (3) Sher Singh, Commissioner, Removal of Public Grievances, Rajasthan, Jaipur, Member; (4) Mangal Behari, Special Secretary to Government, Appointments Department, Member; and J.S. Mehta Commissioner and Secretary to Government, Irrigation, Power and Public Works Department, Rajasthan, Jaipur.
(3.) THE Screening Committer by its report dated 29 -7 -1972 recommended the compulsory retirement of eight officers, including the appellant, under Rule 244(2) of the Rules the matter was then placed before the State Government. The then Minister for Public Works Department Shri Harideo Joshi agreed with the report of the Screening Committee. The then Chief Minister late Shri Barkat Ullah Khan passed order dated 28 -8 -1972 for the retirement of the officers in question, including the appellant. The matter was again referred to the then Chief Minister as regards two other officers, but he by his order dated 17 -3 -1973 directed the retirement of all the officers, including the appellant.;