CWP No.2755 of 1989 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2755 of 1989 (O&M) Date of Decision: 09.09.2011 Mr. Ajmer Singh, Head Clerk, office of the Executive Engineer, Provincial Division No.1, PWD B&R Branch, Rohtak, District Rohtak. ... Petitioner Versus The State of Haryana through the Engineer-in-hief, Haryana, PWD B&R Branch, Chandigarh and another ... Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present: Mr. Vijay Pal, Advocate for Mr. Deepak Agnihotri, Advocate, for the petitioner Mr. O.P. Sharma, Addl. AG, Haryana, for the respondents. ***** 1. Whether reporters of local papers may be allowed to see the judgment? NO 2. To be referred to the reporters or not? NO 3. Whether the judgment should be reported in the digest? NO K. KANNAN, J. (Oral) 1. The petition challenges the compulsory retirement meted out to the petitioner on the basis of an appraisal that he had less than 70% good in ACRs in the last 10 years of his service. The counsel for the petitioner points out to the written statement filed by the State showing that ACRs have been marked only for 9 ½ years and for 6 years, he has been marked good and for sixth year he had been marked ½ good and ½ not written. The counsel states that if it is not drawn then, it should be taken that there was nothing adverse against him and that he did not fail to satisfy the benchmark. In other words, CWP No.2755 of 1989 (O&M) [2] the assessment of good in 6 ½ years out of 9 ½ years would mean 70% good as appraisal and, therefore, the compulsory retirement made on such basis cannot be sustained. I uphold the contention of the petitioner as tenable and hold the compulsory retirement as done without appropriate basis. 2. The order is set aside and the petitioner shall be treated as retired on his usual age of superannuation, which is 58 years. The petitioner shall be entitled to the monetary benefits that had accrued for the period upto his age of superannuation. The impugned order is set aside and the petitioner is entitled to the relief as cited above. The amount shall be calculated and pay to the petitioner within 8 weeks from today with interest @ 6%. 3. The writ petition is allowed on the above terms. SEPTEMBER 09.09.2011 ( K. KANNAN ) Rajan JUDGE