1. this appeal is filed by the State against order dated 12.09.1013 made in SWP No. 653/2005 wherein respondent has challenged the order of his compulsory retirement dated 26.04.2005. The learned Single Judge allowed the writ petition and set aside the order of compulsory retirement.

2. The case of respondent before learned Single Judge was that he was engaged as Daily wager and was subsequently regularized in the year 1971. He was put as Incharge stores under the supervision of one Jai Krishan and in the year 1975-76 for shortage of rice to the extent of 200 qtls departmental proceedings were initiated, however, the same were dropped by the Government and the shortage was write off. The said Jai Krishan, even though was supervisor and was the custodian of the Stores, was considered for promotion to the higher post inspite of pendency of departmental proceedings. The respondent was continuously forced to serve as Junior Assistant. The respondent approached the appellants for his promotion but no order was passed and by order dated 26.04.2005 he was compulsorily retired from service even though he was due to retire on superannuation in 2006.

3. The order of compulsory retir