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2000 Supreme(Guj) 923

J.N.BHATT
SHIVLAL MANILAL PATEL – Appellant
Versus
JAMNAGAR MUNICIPAL CORPORATION – Respondent


Advocates Appeared: J.R.Nanavati, MANOJ N.POPAT

J. N. BHATT, J.

( 1 ) COULD the order of the respondent Jamnagar Municipal Corporation (Corporation) compulsorily retiring the petitioner from service at the age of 55 with effect from 30. 11. 87, from the post of Steno-typist recorded by the then Commissioner, be said to be illegal, without authority, unconstitutional or in any way vulnerable ? This is the sole question which has been posed in this petition under Article 226 of the Constitution of India.

( 2 ) THE skeleton projection of facts leading to the rise of this petition may be highlighted, at first.

( 3 ) THE petitioner was employed and was working as English Typist with the respondent Corporation. He was promoted as Steno/pa in course of his service and retired from service, compulsorily, by the Corporation at the age of 55. The petitioner remained in service of the Corporation for period of 36 years. The petitioner had relied on some certificates of his having done good work in service in support of his plea that the order of compulsory retirement recorded against him is illegal. Briefly stated, his claim is that without any rhyme or reason, he has been visited with the order of compulsory retirement by the Corporation a















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