JUDGMENT

A.K. SIKRI, J.

1. Leave granted.

2. Rajasthan State Road Transport Corporation is the appellant in the instant petition through of which it impugns the validity of the orders dated 16.1.2013 passed by Division Bench of the High Court of Judicature For Rajasthan, Bench at Jaipur. The Division Bench has dismissed the Writ Appeal of the appellant and confirmed the orders of the Additional Judge passed in the Writ Petition filed by the respondent herein, quashing the orders of compulsory retirement of the respondent with the direction that the respondent would be deemed to be in the service as if the order of compulsory retirement had not been passed and as a consequence the respondent is held entitled to all consequential benefits.

3. The Respondent joined the services of the appellant on the post of Driver on 14.2.1977. He was placed on probation for a period of one year.

4. The appellant has framed Standing Orders for its employees known as the Rajasthan State Road Transport Workers and workshop Employees Standing Orders, 1965 (hereinafter to be referred as the ‘Standing Orders’). These orders are duly certified by the Authority under the provisions of Industrial Employment (Standing Orders) Act, 1946. Subsequently, there was an amendment in these Standing Orders and certain new clauses under rule 18, were inserted introducing the provision of compulsory and voluntary retirement. The same are reproduced herein below:

“18-D(1) COMPULSORY RETIREMENT

Notwithstanding anything contained in the regulations the Corporation may if is of the opinion that it is in the interest of the Corporation to do so, have the absolute right to retire any Corporation employee after, he has attained the age of 50 years or on the date he completes 25 years of service whichever is earlier, or on any date thereafter, by giving him 3 months notice in writing or three months pay and allowances in lieu thereof.

18-D (2) VOLUNTARY RETIREMENT

Notwithstanding anything contained here in before Corporation employee may after giving three months previous notice in writing, retire from the service on the date on which he completes 20 years service on the date he attains the age of 45 years or on any other date thereafter.”

5. It is clear from the above that the clauses pertaining to compulsory retirement gives the Petitioner-Corporation absolute right to retire any employee after he attains the age of 50 years or on completion of 25 years service whichever is earlier.

6. A Screening Committee was constituted by the Petitioner Corporation in 27.3.2002 to look into the conduct and continuance of four employees who had attained the age of 50 years or had completed 25 years of service. Among these four persons, name of the Respondent also appeared.

7. This committee, on perusal of the record of the respondent, recommended his compulsory retirement. The Review Committee held its meeting on 8.4.2002 to review the report of the Screening Committee and after perusal of the report of the Screening Committee, the Review Committee approved the proposal of the Screening Committee. Based on the recommendation of the Review Committee, the Competent Authority passed the orders dated 9.4.2002, compulsorily retiring the respondent from service. As three months previous notice is required under rule 18-D (1) of the Standing Orders, in lieu thereof the respondent was sent three months’ salary cheque.

8. Challenging this action of the appellant, the respondent filed the Writ Petition in the High Court of Judicature for Rajasthan. The appellant herein (Respondent in the Writ Petition) appeared and decided a Writ Petition by filing counter affidavit. It was the highlight of the petitioner’s defense that the service record of the respondent showed a dismal picture, in as much as between the year 1978-1990, nearly 19 cases of misconduct were foisted upon the respondent which result