2005 (7) TMI 684

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..... rence to the factual background is necessary employees were given compulsory retirement by orders dated 01.10.1997. Some of the employees who were given compulsory retirement questioned correctness of the orders in their respective cases by filing petitions before the Tribunal. By order dated 29th March, 1988, the Tribunal set aside the compulsory retirement orders, inter-alia holding that the constitution of the Screening Committee was not proper and there appear to be an apparent non-application of mind because more than 550 cases were taken up for consideration and disposed of on a single day. The concerned employees were directed to be re-instated with full back wages. State's writ petitions questioning correctness of the orders pas .....

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..... that in each of these cases, the concerned employee was to be granted 50% of the amount payable as salary, allowance etc. The State has questioned the view expressed by the High Court that the orders passed in respect of four of the employees were not supportable in law. The said employees also questioned correctness of the High Court's orders submitting that' the direction for payment of 50% of the entitlement was not justifiable as no reasons were indicated for directing cut. We have heard learned counsel for the parties. In view of the undisputed position that the four employees who were directed to be re-instated had, infact, joined back service and have retired on reaching the age of superannuation. Therefore, examination .....

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..... r to continue services of the employee concerned. It can certainly pass an order of compulsory retirement when the employee is considered to be a dead-wood and practically of no utility to the employer. The purpose and object of premature retirement of a Government employee is to weed out the inefficient, the corrupt, the dishonest or the dead-wood from Government service. As noted above, in the background facts of these cases, we do not consider it necessary to go into the merits. We find that so far as the back wages issue is concerned, there are two periods involved. The first was from 01.10.1997 up to the High Court's order dismissing the writ petitions filed by the State while permitting fresh action. As noted above, the Tribuna .....

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