Orissa HC Dismisses Judicial Officer’s Plea Challenging Compulsory Retirement

Cuttack: The Orissa High Court has dismissed a writ plea filed by a judicial officer challenging his compulsory retirement.

Referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport Corporation v. Babulal Jangir (2013) 10 SCC 551, the Bench of Chief Justice S. Muralidhar and Justice B P Routray last week said that a very limited scope of judicial review is available in cases where an order of compulsory retirement is passed.

The court also noted that the petitioner was not found suitable either for promotion to the higher post or for getting higher pay on the ACPII scale and that his performance was often rated ‘average’.

According to Rule 44 of the OSJS and OJS Rules, 2007, the High Court is authorised to retire, in the public interest, any member of the service who has attained the age of 50 years.

The petitioner was given compulsory retirement in 2012 on attaining the age of 50 years. A full bench of the High Court opined that the petitioner does not possess the standard efficiency required to discharge the duty of the post held by him.

Registrar General of the HC justified the decision, stating that the petitioner, during his service term as a judicial officer spanning fourteen years and eight months, failed to earn three consecutive ‘Good’ ratings and that he was also found unsuitable for promotion and ACP-II scale.

An overall assessment of the petitioner’s service period revealed that he was unsuitable for being continued as such and therefore, the impugned compulsory retirement order was passed, it submitted.