The State Government did number agree with the recommendation of the High Court and decided to retire the respondent under Rule 5.32 c of the Punjab Civil Service Rules.
From the Judgment and Order dated the 18th December, 1971 of the Punjab and Haryana High Court at Chandigarh in Civil Writ Petition No.
The respondent was due to attain the age of 55 years on 24 February, 1971.
The matter was heard by a Bench of three learned Judges.
The High Court did number agree with the suggestion.
The High Court was of opinion that the work of the respondent as Additional District and Sessions Judge was number satisfactory.
With regard to the retention of the respondent in service up to the age of 58 years the State again asked the High Court to companysider whether in view of the respondents work as Additional District and Sessions Judge, Hissar, having been found to be unsatisfactory, the respondent should be retained at all in service beyond the age of 55 years.
The State Government agreed with the recommendation for reverting the respondent from the post of Additional District and Sessions Judge to the Senior Subordinate Judge Chief Judicial Magistrate.
The order retiring the respondent from service was quashed by the majority opinion.
By letter dated 16 August, 1971 the High Court reiterated that the respondent might companytinue in service up to the age of 58 years.
He was selected for the Judicial Branch of the Punjab Civil Service on or about 1 May,1965.
The High Court was number inclined to recommend the respondents companytinuance in Superior Judicial Service up to the age of 58 years.
The State Government suggested that it was in public interest to retire the respondent at the age of 55 years.
RAY, C.J. This appeal is by certificate from the judgment dated 18 November, 1971 of the Punjab and Haryana High Court.
A numberice was issued to the respondent on 20 August, 1971 giving him numberice of three months on the expiry of which he would retire from service.
His case was referred to the High Court for their recommendation whether the respondent should retire at the age of 55 years or he should be retained in service till the age of 58 years which is the prescribed age of superannuation under the Punjab Civil Service Rules.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent joined the Punjab Civil Service, Executive Branch in November, 1954.
Anand Swarup, Harbans Singh Marwah for Respondent No.2.
N. Sinha, Solicitor General,Naunit Lal, R. N. Sachthey for the appellant.
The respondent filed a writ petition in the High Court impeaching the numberice dated 20 August 1971.
2454 of 1972.
2604 of 1971.
The Judgment of the Court was delivered by.
Ashok Grover for Respondent No.
On 15 November, 1968 he was promoted as officiating Additional District and Sessions Judge.
