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2021 Supreme(P&H) 885

ARUN MONGA
Rajinder Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Mr. Sanjeev Malik, Advocate, for the Appellant, Mr. Manoj Kumar Taya, AAG, Haryana, for the Respondent.

ORDER

Arun Monga, J. (Oral). - Grievance of the petitioner, at the relevant time serving as Head Electrician, arises out of impugned order dated 31.03.2020 (Annexure P-l), whereby he has been retired from service with effect from 31.12.2019, allegedly by giving a complete short shrift to Rule 143 of Haryana Civil Services (General) Rules, 2016(for brevity, HCS Rules, 2016). Petitioner states that despite having full knowledge of his disability as certified vide Medical Certificate dated 25.03.2020 (Annexure P-ll), issued duly by Medical Board, PGIMS, Rohtak, whereby he was diagnosed with 75% disability in both the ears, the same was not taken into consideration.

2. Before adumbrating the case further, for ready reference relevant extract of Rule 143, ibid, is reproduced as under :

"143 Retirement on superannuation

(1) Except as otherwise provided in these rules every Government employee shall retire from service on afternoon of the last day of the month in which he attains the age of retirement prescribed for him or for the post held by him in substantive or officiating capacity as the case may be However a Government employee whose date of birth is the first of a month shall retire fr

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