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2005 Supreme(SC) 22

ARIJIT PASAYAT, S.H.KAPADIA
Ishwar Singh – Appellant
Versus
State Of Rajasthan – Respondent


Judgment

Arijit Pasayat, J.—Leave granted.

2. Appellant calls in question legality of the judgment rendered by a Division Bench of the Rajasthan High Court at Jaipur, affirming the view of the learned Single Judge that the pre-mature retirement of appellant as directed by the respondents was in order.

3. A bird’s eye view of the factual position would suffice.

Sadul Shahar Kray Vikray Sahakari Samiti (hereinafter referred to as the ‘employer’) is a society registered under the Rajasthan Cooperative Societies Act, 1965 (in short the ‘Act’). The appellant was serving as its manager. On consideration of service records of the appellant the employer concluded that there was continuous fall in his work performance and as such it was in the public interest to pre-maturely retire him. He had attained the age of 56 years and served for more than 27 years. The Chief Executive officer issued an office order dated 1.4.1988 compulsorily retiring him from serving under the provisions of Rule 244(2)(i) of the Rajasthan Service Rules, 1951 (in short ‘Service Rules’). The appellant challenged the said order by way of a revision petition before the Additional Registrar-II, Cooperative Societies, Rajast




















































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