Mr. Permod Kohli, J.: (Oral) - C.M. No. 5370 of 2011

Application is allowed.

Delay of 191 days in filing the appeal is condoned.

LPA No. 2008 of 2011

2. Notice of motion.

3. Mr. Vishal Malik, Advocate accepts notice on behalf of respondent.

4. Judgement dated 23.2.2011 passed by learned Single Judge in CWP No. 15594 of 2009 filed by the respondent herein and allowed by the learned Single Judge against the order of compulsory retirement has been subjected to challenge in the present appeal.

5. Facts relevant for the purposes of the present appeal are being noticed hereinafter:-

6. Respondent no.1 was recruited as a constable in the Haryana Police in the year 1976. He earned promotions up to the rank of A.S.I, last promotion being on 4.4.2003. Under the Govt. Instructions respondent was required to be considered for retention in service beyond the age of 55 years. Respondent attained the age of 55 years as on 23.8.2009. Superintendent of Police, Panipat served a notice of three months bearing No.37205 dated 21.5.2009 upon the respondent for his premature retirement by declining retention in service beyond 55 years in terms of Rule 9.18 (2) of the Punjab Police Rules and Rule