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2023 Supreme(Chh) 48

ARUP KUMAR GOSWAMI, ARVIND SINGH CHANDEL
Heera Lal Verma (Died) Through Lrs- Smt. Belsiya Bai Verma W/oLate Heera Lal Verma – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Sudeep Johri, Advocate.
For the Respondent:Mr. H.S. Ahluwalia, Mr. Pankaj Agrawal, Advocate.

JUDGMENT :

Arup Kumar Goswami, J.

Heard Mr. Sudeep Johri, learned counsel for the appellant. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for respondent No. 1 and Mr. Pankaj Agrawal, learned counsel, appearing for respondent No. 2.

2. This appeal is preferred against an order dated 22.10.2018 passed by the learned Single Judge in Writ Petition (S) No. 3056 of 2012, dismissing the writ petition.

3. Challenge in the writ petition was to an order dated 30.06.2012, by which, the petitioner, who was working as driver with respondent No. 2, was compulsorily retired in public interest on the ground that the District Medical Board had found him unfit to work as a driver, in the light of a notification No. 3-24/2000/3/1, dated 22.08.2000 of the General Administration Department.

4. The petitioner was due to retire on regular superannuation on 15.12.2017 and thus, he was compulsorily retired about 5 years prior to his actual date of retirement.

5. The writ petitioner died on 13.01.2021 and thereafter, his legal heirs have been substituted.

6. A contention was advanced before the learned Single Judge, as is noticed from the impugned judgment, that the petitioner ought to

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