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Madhya Pradesh High Court · body

2000 DIGILAW 114 (MP)

Shiv Mohan Goyal v. Municipal Corporation, Gwalior

2000-02-04

S.S.JHA

body2000
1. Heard. 2. Petitioner is noticed and has been removed from service only on the ground that he has completed 25 years of service. Under Fundamental Rule 56 premature retirement can be made on attaining the age of 55 years. Under Fundamental Rule 56 person can be retired from service in public interest after he attains the age 55 years without assigning any reason. Unless it is not desirable to continue any employee in public interest, then only he can be retired. For determining public interest, there has to be objective satisfaction of the employer by screening the entire service record of the employee and on evaluation of service record and conduct of the employee, he can be superannuated from service on attaining the age of 55 years. 3. Record has been called. 4. On perusal of the record it is found that record of the petitioner was not considered before passing of final orders of retirement from service. As such order Annexure P-1 is passed in an arbitrary manner without following the procedure. The order Annexure P-1 is quashed and letter of retirement of petitioner with effect from 30.11.1998 is also quashed. 5. Petition succeeds and is allowed with costs of Rs. 2,000/- recoverable from the officer who has passed the order Annexure P-1.