JUDGMENT

V. N. Khare, J.-Leave granted.

2. The respondent herein was, on 18.10.1972, initially appointed as an Assistant Engineer in an ad-hoc capacity in U.P. Rural Engineering Services. Subsequently, in the year 1979, the respondent s services were regularised and he was also confirmed on the post of Assistant Engineer. The respondent was promoted to the post of Executive Engineer w.e.f. 23.11.1980 by a Government Order on the basis of seniority-cum-merit. A Screening Committee set up by the U.P. Govt. after considering the respondent s service record and entries available in the character roll recommended that he should be retired compulsorily. Under Government Order, the Screening Committee or the State Government while considering a case of compulsory retirement, is required to take into account the service record and entries in the character roll for last ten years prior to the order of compulsory retirement. The government accepted the said recommendation of the Screening Committee and passed an order dated 22.2.1999 compulsorily retiring the respondent from service. The Screening Committee while recommending the compulsory retirement of the respondent and the State government