A.S. Supehia, J.

1. By way of this petition under Article 226 of the Constitution of India, the petitioner (since deceased through his heirs and legal representatives) seeks to challenge notification dated 14.10.2009, Communications dated 14.10.2009 and 15.10.2009, whereby the petitioner is compulsory/prematurely retired from judicial service with immediate effect under Rule 10(4)(a)(i) and (ii) of the Gujarat Civil Services (Pension) Rules, 2002 ('the Rules of 2002' in brief).

2. The facts leading to the petition are adumbrated as under:

3. The petitioner was appointed by the Department of Labour and Employment of the State of Gujarat vide Notification dated 22.08.1990 as Judicial Officer (J.D.) (Class-I) in Labour Court, in the pay-scale of Rs. 2200-4000 on probation for a period of two years. Thereafter he was confirmed on the post of Judge, Labour Court.

4. A charge-sheet dated 25.11.2008 was issued to him in respect of the Departmental Inquiry No. 11/08. It is the case of the petitioner that the said charge-sheet has the genesis in the (common) order dated 03.05.2007