For this purpose, Full Court Meetings of the Madhya Pradesh High Court were held on February 27 and 28, 1981 and March 1, 1981.
Accordingly, the State Government was addressed by the High Court to retire the appellant companypulsorily.
Aggrieved by that order, the appellant filed a writ petition before the High Court.
3429 of 1982 Appeal by Special leave from the Judgment and order dated the 29th July, 1982 of the Madhya Pradesh High Court in Misc.
462/C. Rs/1979 Jabalpur dated 6.3.80 of the High Court.
Note The Memo.
The case of the appellant was also companysidered in that companynection It is stated that at those meetings, the High Court first resolved to scrutinise the cases of all the judicial officers who were to attain the age of 55 years in the year, 1981.
sent to the appellant in March, 1980 Only informed him of two remarks 1 that the did number dispose of Sessions trials quickly and 2 that he did number follow the amended provisions under order 39 rule 3 of the Civil Procedure Code.
The Memo.
issue of the said Memorandum the High Court of Madhya Pradesh decided to screen the officers in the cadre of Additional District Sessions Judges for the purpose of making recommendation to the State Government about the promotion of selected officers to the cadre of District Sessions Judges.
On March l, 1981 it decided number to recommend him for promotion to the cadre of District Sessions Judges.
APPELLATE JURISDICTION Civil Appeal No.
The appellant sent a prompt reply to it oil March 28, 1980 refuting the companyrectness of the above remarks.
In the companyrse of such scrutiny the High Court decided on February 27, 1981 to retire the appellant companypulsorily on his attaining the age of SS years under Rule 56 3 of the Fundamental Rules.
Petition No.
Y.S Chitale, Mrs. A K. Verma, D.N. Misra, A.M. Dittia and A K. Sanghi for the Respondents The Judgment of the Court was delivered by VENKATRAMIAH J. The appellant is a judicial officer of the State of Madhya Pradesh, who would have ordinarily retired on January 31, 1984 on attaining 58 years of are, He was appointed as a Munsiff Magistrate in the erstwhile State of Bhopal in 1953.
CIVIL.
1169 of 1981.
On reorganisation of States on November 1, 1956, he became a member of the Judicial Service of the State of Madhya Pradesh.
He was promoted as an Additional District Sessions Judge on January .
L. Sanghi and Ashok Srivastava for the Appellant.
The appellant thereafter companytinued as an Additional District Sessions Judge until he was served with the order of companypulsory retirement dated August 28, 1981.
In the .
Consequent upon the decision of the State Government to reorganise the Higher Judicial Service of the State of Madhya Pradesh in accordance with the advice of the High Court of Madhya Pradesh 101 posts Of the cadre of Additional District Sessions Judges came to be abolished and the incumbents of those posts were to be absorbed as District Sessions Judges as per Government Memorandum dated February 24, 1981.
8, 1974 and was companyfirmed in that post with effect from November 25, 1971.
