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2017 Supreme(Raj) 418

GOPAL KRISHAN VYAS, G.R.MOOLCHANDANI
Mohammed Saleem Malik S/o Shri Umar Ali – Appellant
Versus
State of Rajasthan through the Principal Secretary, Law and Legal Affairs Department, Government of Rajasthan, Secretariat, Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sunil Beniwal
For the Respondents:Mr. G.R. Punia, Sr. Advocate with Mr. Rajesh Punia.

JUDGMENT :

G.K. VYAS, J.

1. The instant writ petition has been filed by the petitioner, Mohammed Saleem Malik, Officer of Higher Judicial Services, challenging the order dated 31.03.2010 (Annex.9), by which the State Government while exercising powers under Rule 53 (1) of the Rajasthan Civil Service (pension) Rules, 1996, (for brevity, hereinafter referred to as ‘Rules of 1996’) on the recommendation of the Rajasthan High Court, compulsorily retired the officer in public interest on the date of receipt of said order by payment to him of three months’ pay and allowance in lieu of three months’ previous notice.

2. As per facts of the case, the petitioner was initially appointed as Munsif and Judicial Magistrate vide order dated 21.01.1992 after due selection in accordance with Rajasthan Judicial Services Rules, 1951. After completion of probation period, he was confirmed on the post of Munsif and Judicial Magistrate vide order dated 11.11.1994 and further he was promoted to the post of Civil Judge (Sr. Division)-cum-Add. Chief Judicial Magistrate vide order dated 06.12.2000.

3. The petitioner was further promoted as Addl. District & Sessions Judge (Fast Track) on ad-hoc basis vide order



















































































































































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