Constitution of India, 1950 Article 226–Himachal Pradesh Civil Services (Premature Retirement) Rules, 2022 Rule 4(2)(b)&(c)–Service matter–Premature retirement on medical grounds–
The petitioner, employed as a Steno-Typist, sought judicial review of the respondent's decision to prematurely retire him–The petitioner, suffering from Phobic Anxiety Disorder aggravated by his workplace environment, initially applied for voluntary retirement on medical grounds, which was rejected–Subsequently, without further consent or notice, the respondent accepted his request under “extreme adverse circumstances” and issued a retirement order, which the petitioner contested as unconstitutional and arbitrary–Held–The petitioner’s application for voluntary retirement was previously rejected without any subsequent appeal or representation by him–The respondents failed to follow the procedural mandate under the relevant rules and principles of natural justice–The retirement order was issued under the guise of “extreme adverse circumstances,” circumventing established procedure for retirement on medical grounds, which undermines fairness and legality–Impugned order is quashed and set aside–Petition allowed. (Paras 4 and 5)