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1989 Supreme(SC) 406

M.H.KANIA, E.S.VENKATARAMIAH, K.N.SINGH, M.FATHIMA BEEVI
S. Maheswar Rao – Appellant
Versus
State Of Orissa – Respondent


Advocates:
A.K.PANDEY, C.S.S.RAO, P.N.MISHRA, P.P.Rao

JUDGMENT

SINGH, J.—Leave granted.

2. This appeal is directed against the judgment and order of the Orissa Administrative Tribunal, Bhubaneswar dated December 21, 1987 dismissing the appellants suit challenging his premature retirement from service under the State Government order dated November 11, 1983.

3. The appellant joined service under the Orissa State Government as Junior Engineer (Electrical) in 1955. He was promoted to the post of Executive Engineer (Electrical) in 1963. In 1978 he was promoted to the post of Superintending Engineer (Electrical) on merit and selection. While he was working as Superintending Engineer (Electrical) he completed 50 years of age. A Review Committee constituted by the State Government scrutinised the appellants case for considering his retention in service beyond the age of 50 years as contemplated by the first proviso to Rule 71(a) of the Orissa Service Code. The Review Committee considered the appellants service record on October 11, 1983 and made recommendation to the government that his retention in service was not in public interest. Pursuant to the recommendation of the Review Committee the State Government issued orders on November 10, 1983







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