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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Hrudananda Behera – Appellant
Versus
Chairman, OPTCL, Bhoinagar – Respondent
| Table of Content |
|---|
| 1. challenge against premature retirement order. (Para 1 , 2) |
| 2. petitioner's response and further contentions. (Para 4) |
| 3. court's findings on employment history. (Para 6) |
JUDGMENT :
1. The present Writ Petition has been filed inter alia challenging Office Order dt.09.10.2020 so issued by Opp. Party No.2 under Annexure-2. Petitioner in terms of the said order was prematurely retired w.e.f 09.10.2020.
2.1. Not only that, Petitioner vide Office order dt.06.11.2013 and 07.11.2015 under Annexure-1 series, was also promoted to the post of Sr. Typist and Head Typist. However, while continuing as Head Typist/ Computer Asst. Gr.-I (Highly Skilled-‘A’ category), Petitioner was made to retire prematurely w.e.f 09.10.2020 vide Office Order dt.09.10.2020 of Opp. Party No.2 under Annexure-2, in terms of the provisions contained under clause-3(ii) of OSEB Employees Age of Retirement Regulation, 1979 (in short, “Regulation”) adopted by Odisha Power Transmission Corporation Limited (in short, “the Corporation”).
2.3. After adopting such guidelines issued by the Government in the G.A & P.G Department and as provided therein, Review Committee so constituted took up the issue with regard t
Premature retirement must adhere to procedural guidelines, ensuring proper review of employee performance and status without overlooking established age thresholds and adverse record considerations.
Premature retirement of a government employee must adhere to mandated procedures, requiring review prior to age limits and consideration of service record, highlighting the need for clear evidence ag....
Premature retirement must not substitute for disciplinary action and should be based on clear evidence of public interest, not unsupported allegations.
The court held that compulsory retirement must be based on a comprehensive review of performance, not merely on pending allegations, ensuring due process is followed in such decisions.
Compulsory retirement must be executed by the appointing authority, following due legal procedures and cannot be imposed as a penalty without disciplinary proceedings.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
Court affirmed that compulsory retirement must follow procedural guidelines, with emphasis on subjective satisfaction of authorities based on the entire service record, highlighting narrow scope for ....
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