Objective and effective consideration of the case by the Screening Committee is essential in matters of compulsory retirement under the relevant rules.

Heard on I.A. No. 398/11, an application seeking condonation of delay in filing the appeal.

Looking to the facts mentioned in the application there sufficient grounds to condone the delay. Hence, the application is a allowed. Delay in filing the appeal is hereby condoned.

Heaon on admission

1. Applicants have filed the writ appeal against the order dated 30.03.2010 passed by the learned Single Judge of this Court in Writ Petition no. 7828/2003.

2. By the aforesaid order the learned Single Judge has quashed the order of compulsory retirement of the respondent dated 07.12.2002. The order of compulsory retirement of the respondent was passed under the provisions of Madhya Pradesh Civil Services (Pension) Rules, 1976 and F.R. 56 after screening the services record of the respondent. The screening Committee has recorded a finding that the ACR's of the respondent for the years 1985, 1986 and 1987 were 'Gha' (Poor) and a departmental enquiry was pending against him and there was decrease in his working capacity and efficiency. The learned Single Judge has further observed in the impugned order that appellants have not considered the other ACRs grading of the respondent particularly up to the recent years. It has also not been mentioned that on what basis the Screening Committee has recorded the finding that there was decrease in the working and efficiency of the respondent.

3. After considering the entire matter and judgements of the Hon'ble Supreme Court, mentioned by the learned Single Judge in the impugned order it is clear that the case of the respondent was not considered by the Screening Committee objectively and effectively. Hence, in our opinion, there is no illegality or irregularity in the order impugned.

4. Consequently, we do not find any merit in this, appeal. It is hereby dismissed. No order as to costs.