IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-24938-2012 (O&M)

RESERVED ON: 11.07.2025 DATE OF PRONOUNCEMENT:15.09.2025 DR. SHIVA SHARMA …….Petitioner Vs HIGH COURT OF PUNJAB AND HARYANA AND ANOTHER.

……..Respondents CORAM : HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY, JUDGE Present:- Mr. S.K. Garg Narwana, Sr. Advocate (Arguing Counsel) with Mr. Arav Gupta, Advocate for the petitioner.

Mr. Sumeet Mahajan, Sr. Advocate (Arguing Counsel) with Ms. Shruti Singla, Advocate and Ms. Balpreet K. Sidhu, Advocate for respondent-High Court.

Mr. Deepak Balyan, Addl. Advocate General, Haryana.

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SHEEL NAGU, CHIEF JUSTICE

1. Challenge herein is to the order of compulsory retirement of the petitioner in public interest (Annexure P-15), passed by the Governor of the State of Haryana, on attaining the age of 58 years, on the recommendations of this High Court, by invoking the provisions contained in Rule 5.32A(C) of the Punjab Civil Services Rules, Volume-II and rule 3.26(d) of Punjab Civil Services Rules, Volume-I, Part-I, as applicable to the State of Haryana. For the purpose of adjudication of the dispute involved, it would be appropriate to delineate the relevant events in a chronological manner, as follows:-

DATES AND EVENTS YEAR EVENTS

11.05.1981 The petitioner is appointed as Member of the Haryana Civil

2. Since the concept of compulsory retirement in public interest, also known as ‘Weeding out the dead wood’, is primarily based on the overall service profile and performance of the Officer concerned with emphasis to the recent performance, it would be appropriate to enumerate in de