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2007 DIGILAW 196 (ALL)

VIJAY PAL SINGH v. STATE OF UTTAR PRADESH

2007-01-25

PANKAJ MITHAL, SUSHIL HARKAULI

body2007
JUDGMENT By the Court.—We have heard learned Counsel for the parties. 2. This writ petition challenges the compulsory retirement of the petitioner. It appears from the order dated 26.10.2006 passed in this writ petition that the Bench hearing this matter was not satisfied with the material disclosed by the respondents to justify the compulsory retirement and accordingly by that order it was directed that the respondents should produce the entire records including service book of the petitioner in original. The service book as well as the proceedings of the Screening Committee have been produced in original before us today. 3. It appears from the proceedings of the Screening Committee that all the employees within the zone of compulsory retirement age were considered by the Screening Committee. A chart was prepared indicating the entire service record. Marks were assigned each employee according to the nature of annual entries. From the said marks certain deduction with regard to the departmental punishment were made and ultimately the total marks on the scale determined by the Screening Committee were calculated. Some employees have scored as high as 28 and 29 marks. In the final analysis the petitioner has scored a mere 2.57 marks, which prima facie appears to be lowest amongst all employees. 4. Compulsory retirement is not punishment as all post retirement service benefits are available to the employee after compulsory retirement. The object of compulsory retirement is to weed out the dead wood. An employee despite being lowest performer can hardly be permitted to agitate against his weeding out by way of compulsory retirement. We have not been able to see, despite careful scrutiny, any ground on the basis of which the system of marking for the purpose of valuation of dead wood can be said to be faulty in the instant case. 5. In the circumstances, the writ petition has no merit and is accordingly dismissed. 6. It has already been directed by the interim order dated 26.10.2006 that all post retirement benefits including provisional pension will be paid to the petitioner. 7. The pension payable was to be provisional pension in view of pendency of this writ petition. Now because the writ petition has been dismissed, the pension of the petitioner will be finalized and all other due post retirement benefits will also be paid to the petitioner at the earliest. 7. The pension payable was to be provisional pension in view of pendency of this writ petition. Now because the writ petition has been dismissed, the pension of the petitioner will be finalized and all other due post retirement benefits will also be paid to the petitioner at the earliest. This order assumes that the petitioner will cooperate in completing all the formalities, which are necessary for clearance and payment of post retirement benefits. 8. The writ petition is allowed as above. ————