E.S. VENKATARAMIAH AND R.B. MISRA, JJ.
Civil Appeal No.4953 of 1985, D/- 4-11-1985.
S.C. Jain, Appellant
Versus
State of Haryana and another, Respondents.
Punjab Civil Services Rules - Rule 3.26(c) – Admission - Bifurcated - Post of Executive Engineer - Special leave - Appellant joined service as a Sub divisional Officer (Assistant Engineer) in Class on August in former State - On November State of were merged and the appellant was integrated in the service of reorganised State of Punjab - He worked on this post for about eight years and during this period he was posted at various places in State and was assigned different kinds of duties - Authorities being satisfied with his performance he was promoted to the post of Executive Engineer in Class Gazetted on May - He was allowed to cross the efficiency bar immediately when it became due - On this post he worked for about ten years. Considering the efficiency and suitability of the appellant he was confirmed on the post of Executive Engineer in Class Gazetted on - Held, But as the premature retirement of an efficient Government servant imposes a needless charge on the State this rule should be worked with discretion. Article 297 laid down that a Government servant in superior service who has attained the age of fifty-five years may at his option retire from service on a superannuation pension - It was sought to be urged in that case that article 297 gave option to public servant whether he retires at that age or not - This Court interpreting article 297 held that this article was complementary to article 294(a) which gives government the power of keeping Government servants in service beyond the age of years - Article 297 allows Government servant if Government wants to keep him in service after years to opt for retirement - It does not mean that it is entirely at the option of the Government servant to continue beyond the age of years and the Government cannot retire him at that age if he does not exercise the option - Appeal allowed
Judgement
MISRA, J. :- Special leave granted.
2. This appeal by special leave is directed against the order of the High Court of Punjab and Haryana dated. 5th January, 1984 dismissing the writ petition in a service matter.
3. The appellant joined service as a Subdivisional Officer (Assistant Engineer) in Class II on 28th August 1953 in the former State of Pepsu. On 1st November 1956 the State of Pepsu and Punjab were merged and the appellant was integrated in the service of the reorganised State of Punjab. He worked on this post for about eight years and during this period he was posted at various places in the State and was assigned different kinds of duties. The authorities being satisfied with his performance, he was promoted to the post of Executive Engineer in Class I Gazetted on 24th May, 1961. He was allowed to cross the efficiency bar immediately when it became due. On this post he worked for about ten years. Considering the efficiency and suitability of the appellant he was confirmed on the post of Executive Engineer in Class I Gazetted on 1st April 1965.
4. On 1st November 1966 the State of Punjab was bifurcated into the State of Punjab and the State of Haryana. On the reorganisation of the State of Punjab the petitioner came to be allocated to the service of the State of Haryana. In the new State also his performance was excellent and the authorities satisfied with his meritorious services, gave him a selection grade of the post of Executive Engineer. The admission of the appellant to the selection grade itself is indication of the fact that the authorities were satisfied with his work, honesty, integrity and his capability. In due course the appellant was also promoted to the post of Superintending Engineer on 9th February, 1970. He had hardly worked for about a month when he was reverted but not because of any complaint against him or his inefficiency but because one of the posts of Superintending Engineers was reduced by the Government. The appellant being junior-most was reverted. But when the post of a Superintending Engineer again fell vacant the State of Haryana promoted the appellant to the said post promptly on 27th May 1971. On account of his meritorious service he was found fit to be posted first as Additional Director of Technical Education, Haryana for about four years and thereafter as director P.W.D. (B & R) Research Laboratory at Nilokheri. The work of the P.W.D. Laboratory was highly specialised and skilled and required care, precision and accuracy and only officers of the merit and proven ability, competence and having research aptitude are posted there. The appellant was considered to be the most appropriate officer for that post.
5. The appellant by a letter dated 19th October, 1981 was offered the post of Superintending Engineer on deputation to the Delhi Development Authority. This offer was made to the appellant in view of the request from the Delhi Development Authority for names of suitable officers. Again on 11th December 1981 the appellant received a telegram from the office of the Engineer-in-Chief seeking the willingness of the appellant for nomination for the post of Civil Engineer for an assignment with the Government of Libya. Shortly thereafter the appellant received another offer from the office of the Engineer-in-Chief, Haryana P.W.D. (B & R), Chandigarh on 15th December, 1981. This offer was pursuant to the request of the management of Dayanand University, Rohtak asking for names of Superintending Engineers for the post of Chief Engineer. This offer was made only to the Superintending Engineers who were considered competent by the Engineer-in-Chief Haryana P.W.D. (B & R). Chandigarh.
6. The sequence of events and the promotion of the appellant to higher and higher posts in quick succession speak for themselves and they unmistakably indicate that the authorities were satisfied with his work and integrity. So far all was well with him.
7. It appears that on 15th December, 1981 the appellan
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