Compulsory retirement is justified if based on performance assessments; no inquiry is required unless there is evidence of mala fides or arbitrariness.

ORDER :

The petitioners in this batch of writ petitions are aggrieved by the order passed by the Chief Executive Officer of respondent-Bank whereby they have been directed to be compulsorily retired from service in public interest. Since, the issue involved in all these petitions is common, the same are being decided by this common order.

[2]. The petitioners have invoked Article 226 of Constitution of India, being aggrieved by the order, dated 24.06.2022, passed by respondent no.2-Chief Executive Officer, District Cooperative Central Bank Mydt., Gwalior, (hereinafter referred to as “Bank”) whereby they have been retired compulsorily in public interest exercising power under Rule 71.2 of SERVICE RULES . The petitioners have also prayed for a direction to the respondents to reinstate them in service with full arrears of salary and interest.

[3]. The facts necessary of decision of this case are that:

i. The petitioner, Jitendra Singh Gurjar in W.P. No.15390/22, was initially appointed as Clerk in the Bank on 07.07.1990 (Annexure P/3) and was subsequently promoted to the post of Assistant Accountant vide order, dated 05.09.1998, (Annexure P/4). At the time when the impugned action is taken by the respondents, the petitioner was working as In-charge Branch Manager at Cheenor Branch of the Bank;

ii. The petitioner, Bhagwati Prasad Parashar in W.P. No.15429/22, was initially appointed as Clerk in the Bank on 22.01.2001 (Annexure P/3). At the time when the impugned action is taken by the respondents, he was working as In-charge Branch Manager at Antari Branch of the Bank;

iii. The petitioner, Prem Dutt Sharma in W.P. No.15604/22, was initially appointed as Clerk in the Bank on 31.12.1988 (Annexure P/3) and was subsequently promoted to the post of Assistant Accountant vide order, dated 05.09.1998, (Annexure P/4). At the time when the impugned action is taken by the respondents, the petitioner was working as In-charge Branch Manager at Dabra Branch of the Bank;

iv. The petitioner, Mahendra Singh Bhadoira in W.P. No.15391/22, was initially appointed as Clerk in the Bank on 01.07.1991 (Annexure P/3) and was subsequently promoted to the post of Assistant Accountant vide order, dated 05.09.1998, (Annexure P/4). At the time when the impugned action is taken by the respondents, the petitioner was working as In-charge Branch Manager at Ghatigaon Branch of the Bank;

v. The petitioner, Arvind Singh Tomar in W.P. No.15392/22, was initially appointed as Clerk in the Bank on 22.04.1995 (Annexure P/3). At the time when the impugned action is taken by the respondents, the petitioner was working as In-charge Branch Manager at Murar Branch of the Bank.

vi. The petitioner, Jugal Kishore Pathak in W.P. No.15421/22, was initially appointed as Clerk in the Bank on 07.07.1990 (Annexure P/3) and was subsequently promoted to the post of Assistant Accountant vide order, dated 05.09.1998, (Annexure P/4). At the time when the impugned action is taken by the respondents, the petitioner was working as In-charge Branch Manager at Cheenor Branch of the Bank.

[4]. The matter of continuance of petitioners in service, on completion of 50 years of age or 20 years of service, was placed before the Staff Sub- Committee in its meeting held on 17.06.2022 (Annexure R/1). The petitioners were given opportunity of pers