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1989 Supreme(SC) 601

K.N.SINGH, KULDIP SINGH, M.H.KANIA
State Of M. P. – Appellant
Versus
Ganekar Motghare – Respondent


Advocates:
S.K.AGNIHOTRI, S.K.Gambhir

JUDGMENT

K.N. SINGH, J.—Special leave granted.

2. This appeal is directed against the order of the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench dated September 6, 1985 quashing the State Governments order dated August 21, 1984 prematurely retiring the respondent from service.

3. The respondent was holding the post of Deputy Director of Geology and Mining in the State of Madhya Pradesh. The State Government constituted a committee for screening the service roll of its employees for considering the question of compulsory retirement on attaining the age of 55 years. The Screening Committee which included Shri S.S. Dave, Director of Geology and Mining Department of the Government of Madhya Pradesh, on examining the service records of the respondent made recommendation to the government for his premature retirement Pursuant to the Screening Committees recommendation the State Government by its order dated August 21, 1984 retired the respondent compulsorily from service under Rule 56 of the Fundamental Rules. The respondent challenged the validity of the State Governments order by means of a writ petition under Article 226 of the Constitution before the High Court (Gwalior Bench).






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