SUPREME COURT OF INDIA
V.R. KRISHNA IYER AND R.S. PATHAK, JJ.
Gian Singh Mann, Petitioner
Versus
The High Court of Punjab and Haryana and another, Respondents.
Writ Petn No. 4659 of 1979
Decided on 22-8-1980.
Constitution of India,1950 – Article 32 - Punjab Civil Service (Premature Retirement) Rules, 1975 – Rule 7 - Appointed to Punjab Civil Service - Prematurely retiring him from service - Applies for relief against orders - Petitioner, after holding a number of minor posts in the Punjab Government, was appointed to Punjab Civil Service (Executive Branch) and subsequently in migrated to Punjab Civil Service (Judicial Branch) - He remained a Judicial Officer thereafter - Petitioner claims that he was entitled to promotion to a Selection Grade post in Punjab Civil Service (Judicial Branch) and subsequently to a post in the Punjab Superior Judicial Service - Claim was based in both cases on footing that a post had been reserved in two services for a member of Scheduled Castes - It was also asserted that petitioner was entitled to posts even without reference to such reservation - Petitioners case is that his service record was uniformly good, but as High Court was actuated by mala fides it refused him promotion - He also claimed an injunction against his premature retirement from service – Held, It appears to Court to be beyond dispute that decision of High Court to recommend premature retirement of petitioner in light of his record of service must be regarded as falling within scope of expression "public interest" - Petitioner also asserted that Judicial Officers whose record of service was inferior or equivalent to that of petitioner have not been prematurely retired, and have been retained in service - High Court has stated that no such Subordinate Judge has been retained in service – Court see no reason why High Court should not be believed - It is a reckless allegation, and impossible to countenance - There is nothing whatever to indicate that High Court, as a body, was motivated by mala fides against petitioner - Instances alleged by petitioner in support of his allegation of mala fides fail to prove his case - High Court has offered a perfectly valid explanation in respect of each instance - Petitioner points out that High Court has refused to permit encashment of unutilised earned leave - On material before Court are not satisfied that a case of mala fides has been made out - Petition dismissed.
JUDGMENT
PATHAK, J. :— The petitioner applies for relief under Art. 32 of the Constitution against the orders of the High Court of Punjab and Haryana withdrawing judicial work assigned to him and thereafter prematurely retring him from service.
2. The petitioner, after holding a number of minor posts in the Punjab Government, was appointed to the Punjab Civil Service (Executive Branch) and subsequently in Apr. 1965 migrated to the Punjab Civil Service (Judicial Branch). He remained a Judicial Officer thereafter. The petitioner claims that he was entitled to promotion to a Selection Grade post in the Punjab Civil Service (Judicial Branch) and subsequently to a post in the Punjab Superior Judicial Service. The claim was based in both cases on the footing that a post had been reserved in the two services for a member of the Scheduled Castes. It was also asserted that the petitioner was entitled to the posts even without reference to such reservation. The petitioners case is that his service record was uniformly good, but as the High Court was actuated by mala fides it refused him promotion. He cites some instances to support the allegation of mala fides, including the circumstance that having been appointed to the post of Senior Subordinate Judge he was "reverted" as Subordinate Judge. On 4th Nov., 1978 the High Court ordered withdrawal of all judicial work from the petitioner and on 8th Nov., 1978 a Judicial Officer was posted in his place. The petitioner then filed the present writ petition for the quashing of the orders dated 4th Nov., 1978 and 8th Nov., 1978, for his reappointment as Senior Subordinate Judge and, thereafter, his promotion to the Selection Grade post of the Punjab Civil Service (Judical Branch) with effect from 1st Nov., 1966 and his promotion to the Punjab Superior Judicial Service with effect from 1st Nov., 1967. He also claimed an injunction against his premature retirement from service. This Court entertained the writ petition but declined to grant interim relief. On 29th Dec., 1978 the Punjab Government, accepting the recommendation of the High Court, sanctioned the premature retirement of the petitioner from the Punjab Civil Service (Judicial Branch) with effect from 30th Dec. 1978 on which date the petitioner completed twenty five years qualifying service for the purposes of the Punjab Civil Service (Premature Retirement) Rules. 1975.
3. In regard to the petitioners claim for promotion to the Selection Grade post in the Punjab Civil Service (Judicial Branch) with effect from 1st Nov., 1966, and to a post in the Punjab Superior Judicial Service with effect from 1st May, 1967 on the basis that a post had been reserved in each of the services for a member of the Scheduled Castes, it seems to us that the claim is grossly belated. The writ petition was filed in this Court in 1978, about eleven years after the dates from which the promotions are claimed. There is no valid explanation for the dealy. That the petitioner was making successive representations during this period can hardly justify our overlooking the inordinate delay. Relief must be refused on that ground. It is not necessary, in the circumstances, to consider the further submission of the respondents that the provision on which the petitioner relies as the basis of his claim is concerned with the appointment only of members of the Scheduled Castes to posts in the Punjab Superior Judicial Service and not to recruitment by promotion to that service.
4. The petitioner has also claimed that even without the advantage of reservation he is entitled to promotion to a Selection Grade post in the Punjab Civil Service (Judicial Branch) and to a post in the Punjab Superior Judicial Service, and that the High Court should have promoted him accordingly. The position taken in reply by the High Court is that the character and quality of the petitioners work and conduct, as evidenced by confidential reports pertaining to him, find did justify his promotion having r
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