Civil Appeal No 1296 of 1978
Appeal by Special Leave from the Judgment and order dated 7 5 1976 of the Allahabad High Court in Special Appeal No 976
924 section section Saksena In person G N Dikshit and M V Goswami for the Respondent
The appellant was appointed by the Government of Uttar Pradesh in November 1954 as a temporary judicial officer
The State Government terminated his services in December 1962 but on representation made by him the termination order was withdrawn on January 16 1963
The appellant rejoined service and resumed his duties
However by an order dated May 18 1966 his services were terminated again
On a writ petition filed by him in the Allahabad High Court the termination order was quashed by the High Court on August 8 1969
The appellant was reinstated with the benefit of continuity of service
His troubles did not end there
Although he had served for about fifteen years several representation made by him to the State Government for his confirmation met with no response and he continued to remain a temporary Government servant
Meanwhile in June 1973 he was allowed to cross the second Efficiency Bar
But on August 2 1974 the State Government made an order compulsorily retiring the appellant from service
The order purports to have been made in exercise of the powers mentioned in Note I to Article 465 A of the Civil Service Regulations which provide for compulsory retirement of a temporary Government servant on attaining the age of SO years
The appellant had reached the age of 54 years
rt was recited in the order that the Governor on being satisfied that it was not in the public interest to retain the appellant who was described as a temporary judicial officer required him to retire from service with immediate effect with three months  pay in lieu of notice
The order was assailed by the appellant by a writ petition and a learned single judge of the High Court allowed the writ petition on September 17 1975 and quashing the order he declared that the appellant continued to remain in service
The learned single judge held that the appellant was not covered by the terms of Article 465 A and as regards Article 465 which was invoked in the alternative in support of the impugned order he took the view that as the appellant was a temporary Government servant only and not entitled to pension Article 465 also did not apply
The State of Uttar Pradesh appealed and a Division Bench of the High Court has by its order dated May 7 1976 allowed the appeal and dismissed the writ petition
The Divi 925 sion Bench confirmed that as the appellant was a temporary judicial officer Note 1 to Article 465 A could not be pressed into service by the State Government for retiring him but it maintained the order with reference to Note 1 to Article 465 holding that the provision entitled the State Government to retire any Government servant attaining the age of SO years on three months  notice or pay in lieu thereof
lt observed that the power of the State Government to compulsorily retire a Government servant was not dependent on his eligibility for pension
It was of the view that the appellant although a temporary Government servant could be compulsorily retired under Note 1 to Article 465
The further contention of the appellant was also rejected that the impugned order was arbitrary inasmuch as he had been allowed to cross the second Efficiency Bar in June 1973 which could only have been if his work showed distinct ability and his integrity was beyond doubt and he urged nothing had taken place since to justify the order of compulsory retirement passed shortly thereafter
Several contentions have been raised in this appeal by the appellant who appears in person
In our judgment one of theem suffices to dispose of the appeal
The contention which has found favour with us is that on a perusal of the material on the record and having regard to the entries in the personal file and character roll of the appellant it is not possible reasonably to come to the conclusion that the compulsory retirement of the appellant was called for
This conclusion follows inevitably from the particular circumstance among others that the appellant was found worthy of being permitted to cross the second Efficiency Bar only a few months before
Ordinarily the court does not interfere with the judgment of the relevant authority on the point whether it is in the public interest to compulsorily retire a Government servant
And we would have been even more reluctant to reach the conclusion we have when the impugned order of compulsory retirement was made on the recommendation of the High Court itself
But on the material before us we are unable to reconcile the apparent contradiction that although for the purpose of crossing the second Efficiency Bar the appellant was considered to have worked with distinct ability and with integrity beyond question yet within a few months thereafter he was found so unfit as to deserve compulsory retirement
The entries in between in the records pertaining to the appellant need to be examined and appraised in that context
There is no evidence to show that suddenly there was such deterioration in the quality of the appellant s work or integrity that he deserved to be compulsorily retired
For all these reasons we are of opinion that the order of compulsory retirement should be quash 926 ed
The appellant will be deemed to have continued in service on the date of the impugned order
The appellant pressed us vehemently to make an order directing his confirmation and pointed out that after he was compulsorily retired as many as 12 temporary judicial officers were considered for confirmation We consider that it would not be right to make the direction prayed for by the appellant
Whether he should be confirmed or not is a matter for the relevant authority
That is a matter to which the authority has yet to apply its mind and in the circumstances it is not proper that we should pre empt its judgment
The appeal is allowed and the order dated May 7 1976 of the Division Bench of the High Court is set aside
The order of the learned single judge quashing the impugned order of the State Government is restored
The respondent will pay the costs of this appeal to the appellant
NVK 
Appeal allowed


Summary:
The services of the appellant who was appointed in November 1954 were terminated in December 1962 but the termination order was withdrawn on January 16 1963 and he rejoined service and resumed his duties
Again his services were terminated by an order dated May 18 1966
This order having been quashed by the High Court in August 8 1969 the appellant was reinstated with the benefit of Continuity of service
In June 1973 he was allowed to cross the second Efficiency Bar but on August 2 1974 the State Government made an order compulsorily retiring him from service
In the appellant s writ petition quashing the order of compulsory retirement a single Judge of the High Court declared that the appellant continued to remain in service
In allowing the appeal of the State the Division Bench of the High Court rejected the appellant s contention that the order of compulsory retirement was arbitrary because nothing to justify the order had taken place after he was allowed to cross the second Efficiency Bar in June 1973
11 Allowing the appeal this Court  HELD 1
The compulsory retirement of the appellant was not called for on the facts of this case
The appellant will be deemed to have I continued in service on the date of the impugned order 925 H 926A 2
The appellant was found worthy of being permitted to cross the second Efficiency Bar only a few months before
Although this Court does not ordinarily interfere with the decision of the relevant authority in a case of this kind particularly when the order was made on the recommendation of the High Court it is difficult to reconcile the apparent contradiction that for the purpose of crossing the second Efficiency Bar the appellant was considered to have worked with distinct ability and with integrity beyond question yet with in a few months thereafter he was found so unfit as to deserve compulsory retirement
There is no evidence to show that suddenly there was such deterioration in the quality of the appellant s work or integrity that he deserved to be compulsorily retired
925 F H