CWP No.1543 of 2010 : 1: In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 19.02.2010 Gurpal Singh .. Petitioner Versus State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.ND Achint, Advocate. for the petitioner. Mr.RS Kundu, Addl.AG, Haryana, for the respondents. PERMOD KOHLI, J. (Oral): The petitioner is aggrieved of the Show Cause Notice dated 20.11.2009 (Annexure P-1), whereby the petitioner has been asked to show cause why he should not be retired in public interest on attaining the age of 55 years on account of doubtful ACRs for the years 1998-99 and over all grading as average. The petitioner has placed on record Govt. instructions, Annexure P-2 which, inter-alia, provide that for considering the case of retention in service beyond the age of 50/55 years, the reports of doubtful integrity an employee pertaining to the period beyond the last ten years, may be ignored. Admittedly, ACRs of the petitioner for preceding 10 years are to be taken into consideration to compulsorily retire him. It is the admitted case of the parties that the petitioner has crossed the age of 55 years on 30.09.2007. No action was taken at the relevant time and the petitioner was allowed to continue in service. Now the petitioner is due to retire on attaining the age of superannuation i.e. 58 years on 31.10.2010. In view of the government instructions and the fact that the CWP No.1543 of 2010 : 2: petitioner was allowed to continue beyond the age of 55 years, the action of the respondents is not justified. ACRs beyond the period of ten years cannot be taken into consideration to compulsorily retire the petitioner. In view of the above circumstances, the present petition is allowed. The impugned notice dated 20.11.2009 (Annexure P-1), is hereby quashed. 19.02.2010 (PERMOD KOHLI) BLS JUDGE