ORDER K.N. Singh, J.: - This petition is directed against the order of the State Government dated August 23, 1973, compulsorily retiring the petitioner from service under Note I to Article 465-A of the Civil Service Regulations. 2. The petitioner was appointed to the post of Overseer in 1946 in the Irrigation Department of the State of Uttar Pradesh. In January, 1967. he was promoted to officiate as Assistant Engineer. Since then he continued to hold that post. The Executive Engineer made recommendations to the Government for his confirmation but no order could be passed and the petitioner continued to officiate on the post of Assistant Engineer. On August 23, 1973, the State Government compulsorily retired the petitioner on his completing 25 years of qualifying service in accordance with the provisions contained in Note I to Article 465-A of the Civil Service Regulations. 3. Learned counsel for the petitioner urged that the petitioner's work and conduct was throughout excellent and he earned no adverse entry during his service career. No reasonable person could have formed the requisite opinion on the basis of the petitioners service record that his retention in service was not in public interest. No counter affidavit was filed on behalf of the State Government although this petition was admitted in April, 1974. and notice was issued to the State Government. During the course of hearing learned Standing Counsel produced the petitioner's service record and submitted his arguments on the material contained in the relevant file of the Government. 4. On a perusal of the Government records, I find that the Government constituted a Screening Commitee to consider the cases of officers for compulsory retirement. On 30th July, 1973, the Screeing Committee assessed the petitioner be retired compulsorily. The Screening Commitee observed that although the petitioner didnot earn adverse entry during the last ten years of service but the entries contained in his character roll were of average nature which revealved that he had lost his utility for the Department and there was no scope for any improvement in the Screening Committee was accepted by the impugned order of compulsory retirement was issued on 3rd August, 1973. The relevant extracts of the entries from the petitioners character roll for the last ten years of his service are as under :- 15-1-63 to 31-3-63. His work was fairly satisfactory. Sd. S. C. Das Assistant Engineer 25-5-1963.
The relevant extracts of the entries from the petitioners character roll for the last ten years of his service are as under :- 15-1-63 to 31-3-63. His work was fairly satisfactory. Sd. S. C. Das Assistant Engineer 25-5-1963. For the same period the Superintending Engineer, Obra Dam Construction Circle, Pipri, gave him the following entry: "Sri K. C. Jain O: S. was attached to this Office. His work was generally satisfactory." 1-4-1963 to 15-1-1964. "Sri K. C Jain Overseer has been working on preparation and completion of technical items in circle office, and also cases of procurement of steel, cement and coal. His work has been satisfactory. He is quite intelligent and hardworking. Recommended for promotion. Sd. Bhagwati Prasad Singh Executive Engineer." 1-4-1963 to 31-3-1964. "Shri K. C. Jain is an Overseer of average intelligence and fair capabilities. He has been kept attached to office as per Chief Engineer's orders. hence nothing can be said about his capabilities in field work.". Sd, R. D. Sharma Supdt. Engineer Obra Dam Construction Circle Pipri (Distt. Mirzapur) 1-4-1964 to 31-3-1965. "Sri K. C. Jain is an experienced and confirmed Overseer. During the period under report he was attached to Circle office and was deputed on completion and submission of returns. His work was found to be quite satisfactory. He is quite intelligent possessing good knowledge of English and was quite prompt in perusing and disposal of cases. Recommended for promotion. Sd. Illegible Executive Engineer and.;. Personal Assistant to Supdt. Engineer. Obra Dam Construction Circle, P. O. Purra (Pipri) Mirzapur. Sri K. C. Jain is an experienced Overseer. He was attached to office for compilation of technical reports and returns. His work during the period was quite satisfactory. Recommended for promotion. Sd. O. P. Sharma 31-5-65 Supdt. Engineer, Obra Dam Construction Circle, Pipri (Mirzapur), 1-4-1965 to 30-6-65, Sri Kailash Chandra Jain is a confirmed Overseer. During the period under report he was attached to Circle Office and was looking after technical returns as well as periodical returns of Cement and Steel etc. His work was found to be satisfactory. His reputation for honesty is good and I certify his integrity. Sd. Illegible Executive Engineer & P.A. Sri K. C. Jain worked hard during this period. He has a good control over the work and supervises it very closely. He has a satisfactory knowledge of Engineering, design and good knowledge of estimating.
His work was found to be satisfactory. His reputation for honesty is good and I certify his integrity. Sd. Illegible Executive Engineer & P.A. Sri K. C. Jain worked hard during this period. He has a good control over the work and supervises it very closely. He has a satisfactory knowledge of Engineering, design and good knowledge of estimating. His knowledge of accounts and English is satisfactory. His behaviour commands respect for his superior officers. He is very obedient and can be relied upon his work. Over all during this period his work was very good. He is strongly recommended for promotion. Sd. Mashooq Ali A.E.I. 2-5-1966. 24-7-65 to 2-2-1966. Sri K. C. Jain Overseer is an experienced hard working having good knowledge of Engineering field work and accounts matter. He deserves promotion. Sd. Illegible Executive Engineer. Has done good work as an Overseer. Recommended for promotion, Sd. V. M. Manglik Supdt. Engineer. 1-4-1966 to 5-1-1967. Sri K. C. Jain O.S. is a sincere worker. He carried out the work of Hydrological surveys and meteorological surveys satisfactorily. Misc. duties of the head-quarters were also carried out by him satisfactorily. His knowledge of English, Accounts and Departmental procedure is satisfactory. He is a well mannered anal well behaved man. In nut-shell his work remained satisfactory. Sd. Mashooq Ali 1-7-67 Assistant Engineer-I. Sri K. C. Jain U.S. is incharge of Hydrological and Metereological observations of Tehri Dam which he carried out successfully. Work satisfactory. Sd. O. S. Siddiqui, Adhishashi Engineer 26-7-67, His work during the period has been satisfactory. Sd, L. K. Mittal, Supdt. Engineer, 1-4-1967 to 31-3-1968. Sri K. C. Jain A.E. has good physique and is obedient and manners. He is a willing worker, applies to work to the best of his ability and tours regularly. His technical knowledge. grasp to problems, knowledge of accounts, rules and procedure is fairly good. Disposes of official business and correspondence satisfactorily ............ His work on the whole has been found satisfactory. Recommended for confirmation and crossing of efficiency bar. Sd. Hari Mohan Supdt. Engineer Tons. Civil Construction Circle II, Dehradun. 1-4-1968 to 8-7-1968, Sri K. C. Jain is sincere and submissive by nature. He is diligent and pains-taking. He possesses sound health and good physique. He is a man of good behaviour. refined manners. He discharges his duty with devotion. Technical knowledge of Sri K. C. Jain is satisfactory.
Sd. Hari Mohan Supdt. Engineer Tons. Civil Construction Circle II, Dehradun. 1-4-1968 to 8-7-1968, Sri K. C. Jain is sincere and submissive by nature. He is diligent and pains-taking. He possesses sound health and good physique. He is a man of good behaviour. refined manners. He discharges his duty with devotion. Technical knowledge of Sri K. C. Jain is satisfactory. He is well versed in accounts, rules and office procedure. The behaviour of Sri K. C. Jain with his subordinate and those coming into contact is good. He manages his office work satisfactorily.........He is recommended for confirmation. Sd. Mohd. Ayub Hasan Executive Engineer. 9-7-1968 to 31-3-69. Sri K. C, Jain, Assistant Engineer is energetic and is capable to carry out the execution of the work of the above nature efficiently, He has efficiently carried out the extension of the works under his charge. He is a well behaved officer and has got good control over the subordinates working under him. He works in the division harmoniously. His knowledge of account rules is fairly satisfactory. On the whole his work during the period has been found to be satisfactory. Strongly recommended for confirmation. Sd. Y. D. Sharma Executive Engineer. Sri Jain is a promoted "Officer of average capabilities. His application to work is good. His work performance has been very satisfactory. Recommended for confirmation. Sd. Bari Mohan. Supdt, Engineer Sri Jain is a promoted officer of average capabilities. His work has been very satisfactory. Sd. Prahlad Dass C, E. 1-4-1969 - 31-3-1970. Sri Jain is Sub-Divisional Officer promoted from the post of Overseer. His technical knowledge is good. Health satisfactory. His behaviour with his subordinate employees and superior officers is cordial. His work has been satisfactory. He is recommended to cross efficiency bar at the stage of Rs. 400'-. Sd. Y. D. Sharma Executive Engineer. Sri K. C. Jain, Assistant Engineer, has continued to be posted as Sub-Divisional Officer in this division. He was responsible for the work of construction work namely road and bridge etc. His work was satisfactory. He is a promoted officer and he is recommended for crossing efficiency bar and for being made permanent. Sd Yogeshwar Dayal Executive Engineer. 19-11-70. 1-4-1970 to 31-3-1971. Satisfactory Project Officer. Additional Chief Engineer Yamuna Civil Construction Division. Dehradun. 10-6-71 to 16-10-1971. There is not a single instance to cast any doubt on the integrity of Sri Kailash Chandra Jain.
He is a promoted officer and he is recommended for crossing efficiency bar and for being made permanent. Sd Yogeshwar Dayal Executive Engineer. 19-11-70. 1-4-1970 to 31-3-1971. Satisfactory Project Officer. Additional Chief Engineer Yamuna Civil Construction Division. Dehradun. 10-6-71 to 16-10-1971. There is not a single instance to cast any doubt on the integrity of Sri Kailash Chandra Jain. He is generally known for his honesty. His integrity is certified. Superintending Engineer. 26-6-1971 to 31-3-1972. Sri Kailash Chandra Jain is an experienced Officer.........Sri Jain's technical knowledge and the departmental rules about accounts etc, is satisfactory. He takes work with tact and is popular. His relations with the employees are good. In this period Sri Jain's work was good. He is recommended for being made permanent. Executive Engineer. His work remained ordinary. Supdt. Engineer, 1-4-72 to 2-6-1972. Sri Kailash Chand Jain is experienced and good natured officer. In this period his work was satisfactory. He is recommended for being made permanent. Executive Engineer. 3-6-1972 to 31-3-1973. Sri K. C. Jain is an experienced Assistant Engineer. He is extremely tolerant, tactful and good natured person. He carries out his work with responsibility and devotion, In addition to the field work he has the work of the head office which he has carried out with great ability. In this connection he kept awake for nights together to get the stall of Irrigation Department completed in the exhibition at Varanasi. In the exhibition held in the Town Hall he obtained a Shield for putting up irrigation stall. In maintaining the colony and Bhusakhand Bandh Chitampur and Mukaram Bandhs. he worked very hard, His knowledge of office is good and disposes his matters quickly, has good control over the staff and guides them. His technical knowledge is good. He fully utilised the funds allotted. I strongly recommend his case for being made permanent and crossing efficiency bar. Executive Engineer Varanasi. A good experienced, tactful and pleasing Assistant Engineer. Expert in work. Work was satisfactory. He is recommended for being made permanent and crossing of efficiency bar. Supdt. Engineer." The above entries show that the petitioner's work and performance was consistently excellent. As noticed earlier, the petitioner was promoted to the post of Assistant Engineer in January 1967. After his promotion he worked hard with devotion to his duty.
Expert in work. Work was satisfactory. He is recommended for being made permanent and crossing of efficiency bar. Supdt. Engineer." The above entries show that the petitioner's work and performance was consistently excellent. As noticed earlier, the petitioner was promoted to the post of Assistant Engineer in January 1967. After his promotion he worked hard with devotion to his duty. The Executive Engineer and the Superintending Engineer who had occasion to watch his work and conduct consistently made recommendation to the Government to make him permanent on the post he was officiating and to allow him to cross efficiency bar. The character roll entries from January 1967 to 1973 are commendatory of petitioner's work and conduct. There is not a single entry to give any indication of any laxity in his work or inefficiency. The material on record is entirely in petitioner's favour. No reasonable person on the basis of the aforesaid entries can come to the conclusion that the petitioner's work and conduct was barely average or that he had lost his utility for the Department and that there was no scope for improvement in his work. 5. The Screening Committee appears to have been led away to make the re commendation on the mere use of the words "satisfactory work" in the petitioner's character roll entries. In considering the question of compulsory retirement under Fundamental R. 56 or Regulation 465-A, a pragmatic approach has to be taken in the matter. The expression `satisfactory' is not a term of art, its meaning should be appreciated in the context in which the term is used. A Division Bench of this Court in State of U.P. v. S.M. Banerji, 1974 All LJ 238 : 1974 Lab IC 472 considered this aspect and observed. "The Fundamental Rules do not give any particular definition of the term `satisfactory' or the terms `average', 'below average' and `above average', The term `satisfactory' will take its colour from the context in which it is used. If the term 'satisfactory' has been used along with other terms highly commendatory of the officer the term `satisfactory' may in the context well mean above average. But if the term `satisfactory' is used simpliciter. it may not convey that sense. The word `satisfactory' is not a term of Article It is pragmatic.
If the term 'satisfactory' has been used along with other terms highly commendatory of the officer the term `satisfactory' may in the context well mean above average. But if the term `satisfactory' is used simpliciter. it may not convey that sense. The word `satisfactory' is not a term of Article It is pragmatic. It has a flexible meaning depending upon the sense and the context in which the person using it intends to use it." The above principle should he kept in mind in appreciating the character roll entries. No doubt in some of the entries under review the term 'satisfactory' was used in relation to petitioner's work but the context in which the term was used makes it amply clear that the petitioner's work was highly commended. Since 1970, the Executive Engineer and the Superintending Engineer consistently made recommendations for making the petitioner permanent on account of his excellent work. Some of the entries appreciated the petitioner's work and conduct in a superlative manner. There is not a single entry during the last ten years of his service which would indicate that the petitioner's work was barely average or below average. No doubt this Court does not sit in appeal over the decision taken by the State Government but the entries which constituted the only material on the basis of which the State Government formed the requisite opinion to retire the petitioner compulsorily from service do not contain any material to sustain the opinion formed by the Government, in fact the State Government's order was based on no evidence. In such a situation it is open to this Court to interfere with the order of the State Government. 6. It is conceded by the learned Standing Counsel that apart from the last ten years entries as contained in the petitioner's character roll, no other material was taken into account either by the Screening Committee or by the State Government in coming to the, conclusion that the petitioner's retention in service was not in public interest. It is well established that public interest requires weeding out of inefficient, corrupt or dead wood officers but public interest further requires that those officers whose work may be highly satisfactory and who may have been rendering valuable service to the Department should he retained in service Jill the age of superannuation.
It is well established that public interest requires weeding out of inefficient, corrupt or dead wood officers but public interest further requires that those officers whose work may be highly satisfactory and who may have been rendering valuable service to the Department should he retained in service Jill the age of superannuation. Compulsory retirement of experienced and hard working and honest officers having good technical knowledge will certainly be contrary to public interest. Since on the material on record no reasonable person could have formed the opinion as formed by the Screening Committee and the State Government, I am of the opinion that the State Government issued the order arbitrarily which is not sustainable in law, 7. In the result I allow the petition with costs and quash the order of the State Government dated 23rd August. 1973. The respondents are directed to treat the petitioner in service.