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january 2012

Supreme Court of India · 2012-01-13

OM PRAKASH ASATI vs STATE OF U.P..

Citation / case number
SC 2008/13670
Court
Supreme Court of India
Petitioner
OM PRAKASH ASATI
Respondent
STATE OF U.P..
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, was unjustified as he had been found fit for continuation in service by a Screening Committee prior to his retirement. The Court emphasized that the employer's implied approval for the petitioner's continued service beyond the age of 50 years was evident, despite a pending departmental inquiry. The Court held that the retirement order issued under Fundamental Rule 56(c) lacked sufficient justification, leading to the quashing of the order and reinstatement of the petitioner.

OM PRAKASH ASATI vs STATE OF U.P.. · Niyam