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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Jagmohan Bansal, J.
Mahavir Singh – Appellant
Versus
Food Corporation Of India And Others – Respondent
CWP Nos. 7934, 7936, 7961, 7973, 7981, 7985, 7988, 7994 and 7996 of 2024
Decided on : 15-04-2024
JUDGMENT :
Jagmohan Bansal, J. (Oral)
By this common order CWP-7934-2024, CWP-7936-2024, CWP-7961-2024, CWP-7973-2024, CWP-7981-2024, CWP-7985-2024, CWP-7988-2024, CWP-7994-2024 and CWP-7996-2024 are hereby disposed of since issues involved and prayers sought in captioned petitions are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-7934-2024.2. The petitioner through instant petition under Article 226 of the Constitution of India is seeking setting aside of order dated 11.07.2023 (Annexure P-1) whereby petitioner was prematurely retired from service and orders dated 13.10.2023 (Annexure P-3) and 20.02.2024 (Annexure P-6) whereby representations of the petitioner have been rejected.
3. The petitioner joined respondent-FCI as Category-Ill employee. In the year 2023, he completed age of 53 years. The respondent constituted a Special Review Committee to consider service record of petitioner and other employees. The Committee formed an opinion that petitioner in terms of Regulation 22 (2) of FCI Regulations, 1971 should be prematurely retired. He filed a representation against the order of premature retirement which came to be dismissed by Representation Committee. The order of premature retirement dated 11.07.2023 (Annexure P-1) and order dated 13.10.2023 (Annexure P-3) rejecting representation is reproduced as below:
"WHEREAS, the undersigned is of the opinion that, it is in the interest of the Corporation and public interest in general to retire Shri Mahabir Singh (DOB: 01.03.1971), Manager (QC) presently posted working under Punjab Region from the services of Food Corporation of India under Regulation 22 (2) of FCI (Staff) Regulations.
NOW THEREFORE, in exercise of the power conferred under the aforesaid Regulations the undersigned hereby retires Shri Mahabir Singh w.e.f. 11.07.2023 (A/N).
That in lieu of the notice period, Shri Mahabir Singh shall be paid a sum equivalent to the amount of his pay and allowance for a period of 3 (three) Months calculated at the same rate at which he was supposed to be drawing them immediately before his retirement.
"WHEREAS, Shri Mahabir Singh, Ex-Manager (QC) was retired from the services of Food Corporation of India under Regulation 22(2) of FCI Staff Regulations 1971 in the interest of the Corporation and public interest in general vide Order No.-Zo (N)-27.0032/1/2023-E-1-Z0 North Dated: 11.07.2023.
WHEREAS, Shri Mahabir Singh, Ex-Manager (QC) had made the Representation against the ibid order on dated 19.07.2023 which has been examined by the Representation Committee.
NOW THEREFORE, in exercise of the powers conferred under the aforesaid Regulations and after careful consideration of representation of Shri Mahabir Singh and perusal of Representation Committee Report, the undersigned hereby rejects the representation of Shri Mahabir Singh, Ex-Manager (QC). "
4. The petitioner and other similarly situated employees preferred civil writ petitions and this Court vide judgment dated 22.12.2023 (Annexure P-4) rejected claim of those employees who were not promoted within 5 years from the date of premature retirement, however, directed respondent to re-consider case of those employees who have been promoted within 5 years, in terms of Clause (iv) and (v) of paragraph 10 of circular dated 09.07.2021 (Annexure P-7) issued by respondent-FCI.
5. The petitioner filed representation dated 29.12.2023 (Annexure P-5) before Representation Committee seeking reconsideration of his case. He pointed out that he has been promoted and awarded outstanding grade in ACR after promotion, thus, it is unjustified to prematurely retire him. There are many employees who have been subjected to multiple major and minor penalties, nevertheless, permitted to continue.
6. The respondent constituted a Special Review Committee which re-considered case of 15 employees who were promoted during last 5 years from the date of order of their premature retirement. The said Committee found that petiti
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.
Premature retirement must comply with jurisdictional authority and assessment procedures as per CCS Rules; failure to follow statutory guidelines renders such actions void.
(1) Order of premature retirement is required to be passed on the basis of entire service records, though recent reports would carry their own weight.(2) A person discharging judicial duties acts on ....
Compulsory retirement must be executed by the appointing authority, following due legal procedures and cannot be imposed as a penalty without disciplinary proceedings.
Compulsory retirement decisions must consider the entire service record, including past disciplinary actions, not merely recent performance, establishing the narrow scope of judicial review.
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