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ANSHUMAN
Rajesh Kumar – Appellant
Versus
State of Bihar – Respondent
Dr. Anshuman, J. – Heard learned Sr. Counsel for the petitioner, learned counsel for the State and learned counsel for the Governor’s Secretariat, Bihar, Patna.
2. Learned Sr. counsel for the petitioner submits that the present writ petition has been filed for quashing of the order contained in Memo No. 574 dated 13.04.2018, communicated by respondent No.3 by which the petitioner has been made compulsorily retired.
3. Learned Sr. Counsel for the petitioner further submits that the petitioner was initially appointed on a daily wage basis followed by a procedure of regular appointment vide order No. Estb.88/90-3193/GS(3) dated 27.11.1991. Subsequently, vide order dated 05.06.1995 issued under the signature of respondent No.2, namely, the Principal Secretary, Governor’s Secretariat, Bihar, Patna, the petitioner was appointed on the regular vacant post of Personal Assistant. The services of the petitioner were confirmed w.e.f. 05.06.1998 vide Memo No. Estb.15/95-1244/GS(3) dated 16.05.2000. He further submits that in the year 2004, he was promoted to the post of Sr. Personal Assistant, vide Governor’s Secretariat Office Order No. Estb.88/90-3322/GS(3), dated 09.12.2004 and, thereafter, v
Point of Law : Rule 56(j) of Fundamental Rules is an extension of “Doctrine of Pleasure”, If the employer - Union of India is of the opinion that no useful purpose will be served by continuing an emp....
Compulsory retirement should be based on public interest, and proper procedures should be followed, avoiding shortcuts to avoid departmental inquiries.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
The assessment of an employee's entire service record is crucial for deciding on compulsory retirement, and the order must be based on proper grounds and subjective satisfaction of the authority.
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