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SANJEEV SACHDEVA, VINAY SARAF
Surya Kant Varade – Appellant
Versus
High Court Of Madhya Pradesh – Respondent
ORDER
Sachdeva, J. -- 1. Petitioner impugns order dated 30.11.2004 whereby petitioner has been compulsorily retired from service under Rule 42(1)(b) of M.P. Civil Services (Pension) Rules, 1976 and Fundamental Rules 56(2)(a) read with rule 17 of High Court of Madhya Pradesh Officers & Employees (Classification Control, Appeal and Conduct) Rules, 1996.
2. Petitioner was appointed as a Lower Division Clerk in the services of the High Court in the year 1981. He was promoted to the post of Assistant Grade-II in 2003. As a consequence of promotion, petitioner was transferred from the Indore Bench of High Court to the Gwalior Bench and consequently, petitioner represented against the same and forwent his promotion.
3. Subsequently, by the impugned order dated dated 30.11.2004, petitioner has been compulsorily retired.
4. Learned counsel for petitioner impugns the order primarily on the following grounds :--
(i) That, the Committee which recommended for compulsory retirement did not take into account the entire career profile of the petitioner and took into account only the last five Annual Confidential Reports ('ACR' for Short).
(ii) That, the Committee overlooked the factum of promo
Principles governing the grant of certain benefits i.e. pay scales and other benefits are different than the assessment of service record of the petitioner to assess the suitability of the petitioner....
Point of Law : Compulsory retirement from service is not considered to be a punishment.
The legal framework for compulsory retirement of a judicial officer in public interest involves subjective satisfaction of the government, limited judicial review, and the consideration of the office....
Point of Law : Compulsory retirement from service is not considered to be a punishment.
Point of Law :Compulsory retirement from service is not considered to be a punishment.
(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 ....
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