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.