M.Shirijha vs The Government Of Tamil Nadu on 20 November, 2021
In support of the said contentions, Mr.M.Ravi would rely on
the judgment of the Supreme Court in the case of Captain Pramod Kumar
Bajaj vs. Union of India in Civil Appeal No.6161 of 2022, dated
Page 7 of 48
https://www.mhc.tn.gov.in/judis
WP No.3569 of 2022
03.03.2023, wherein the principles to be followed in the matter relating to
compulsory retirement are stated based on the ratio laid down in the case of
State of Gujarat vs. Umedbhai M.Patel [(2001) 3 SCC 314]. Relying on
the said judgment, the petitioner would state that the Supreme Court in the
said case, found that there was an apparent contradiction in the approach of
the respondents, who had till as late as in July 2019 continue to grade the
appellants as ‘outstanding’ and had assessed his integrity as ‘beyond doubt’.
But in less than three months reckoned therefrom, the respondents had
turned turtle to arrive at a conclusion that he deserves to be compulsorily
retired. Thus the Supreme Court found that the said case fails to satisfy the
underlying days of serving the interest of the public.