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january 2012

Supreme Court of India · 2012-01-13

Om Prakash Asati vs State Of U.P.& Ors

Citation / case number
AIR 2012 SUPREME COURT 655
Court
Supreme Court of India
Petitioner
Om Prakash Asati
Respondent
State Of U.P.& Ors
Author
Jagdish Singh Khehar
Bench
Jagdish Singh Khehar, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court ruled that the premature retirement of the petitioner, an Executive Engineer in the Jal Nigam, under Fundamental Rule 56(c) was unjustified as the Screening Committee had previously deemed him fit to continue in service beyond the age of 50. The Court held that the employer's implied approval for continuation in service was evident, and the criteria used by the Screening Committee for evaluation were not properly applied in the petitioner's case. Consequently, the order for premature retirement was quashed, reinstating the petitioner in service.

Om Prakash Asati vs State Of U.P.& Ors · Niyam