JUDGMENT :

K.S. Jhaveri, J.

We have heard Mr. Shalin Mehta, learned Senior Counsel appearing for the appellants and Mr. Prakash Jani, learned Additional Advocate General appearing for the respondents.

2. This intra-court Letters Patent Appeal has been filed challenging the judgment and order dated 28.12.2012 passed by the learned Single Judge in Special Civil Application No. 430 of 2011 whereby the learned Single Judge has dismissed the writ petition.

3. The appellant was appointed as Deputy Engineer in the year 1980 and thereafter was promoted to the post of Executive Engineer in the year 1983. In the year 1993 departmental inquiries were initiated for acts of alleged misconduct ranging from very minor irregularities or negligence and he was awarded punishment of stoppage of increment for a period ranging from three months to two years without future effect in all cases. Thereafter on 03.01.2011 the respondents passed order whereby premature retirement of the appellant was directed after he attained the age of 50 years under rule 10(4)(a)(i) of the Gujarat Civil Services (Pension) Rules, 2002 with effect from the date of the receipt of the order by the appellant. Being aggrieved by t