JUDGMENT

Nanavati, J.-Leave granted.

Heard learned counsel for both the sides.

2. This appeal is directed against the judgment and order dated 22.8.1996 passed by the High Court of Punjab and Haryana in C.W.P. No. 6073 of 1996.

3. The respondent was an employee of Haryana State Electricity Board. He was retired from service on 3rd February, 1994, about 9 months before the date of superannuation. He challenged that action of the appellant Board by filing a writ petition in the Punjab and Haryana High Court. It was the case of the respondent that he was promoted as Executive Engineer on 19th February, 1977. When he attained the age of 50 years his case was considered for retirement/retention in service. It was decided on 30.11.1986 to continue him in service. Again his case was considered when he attained the age of 55 years and it was decided on 30.11.1991 to continue him in service. His service record was good, as on the basis of overall assessment for the last 10 years, the percentage of good reports was 77%. It was, therefore, not proper for the appellant to retire him before he attained the age of 58 years. He had challenged the said action as arbitrary and illegal.

4. It was dispute