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2009 Supreme(SC) 985

S.B.SINHA, MUKUNDAKAM SHARMA
Swaran Singh Chand – Appellant
Versus
Punjab State Electricity Board – Respondent


Appearing Advocates:
For the Appellant:Nidesh Gupta, Sr. Advocate, Tarun Gupta (for Ms.
S. Janani), Advocates.
For the Respondents:Ajit Kumar (for S.K. Sabharwal), Advocates.

Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. The core question, in this appeal, arising out of a judgment and order dated 17.08.2006 passed by the High Court of Punjab and Haryana in CWP No. 10549 of 2004, is as to whether an order of compulsory retirement being a stigmatic one would be valid in law.

3. Appellant was directed to be compulsorily retired on attaining the age of 55 years in terms of a circular letter dated 14.08.1981 laying down guidelines for compulsory retirement, the relevant portion whereof reads as under:

"(i) Although the entire service record of an employee has to be considered, premature retirement should not be ordered if during the last 5 years the work and conduct of the employee has been good or better than that.

(ii) Ordinarily, no retirement should be ordered within a period of one year preceding the date of superannuation of the Government employee.

(iii) If an adverse entry relating to integrity exists in the confidential reports during the 10 years preceding the review, or if after its recording there has been no change in the class, status or the post of the officer, that single entry should be considered sufficient for ordering premature retiremen
























































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