Service Appeal against Compulsory Retirement

BEFORE THE service_tribunal_type, tribunal_location

Service Appeal No. _____ of year

appellant_name, S/O appellant_father_name, Age appellant_age, NIC No. appellant_nic, resident of appellant_address, Former designation in department_name ... Appellant

VERSUS

respondent_name, through its authorized officer, respondent_address ... Respondent

SERVICE APPEAL UNDER SECTION 4, SERVICE TRIBUNALS ACT 1973

Respectfully submitted:

1. The Appellant is a civil servant in the department_name and held the position of designation since appointment_date.

2. The Appellant is aggrieved by the order of compulsory retirement dated retirement_order_date, vide which the Appellant has been retired from service with effect from retirement_date under retirement_statute.

3. The order of compulsory retirement was passed without providing the Appellant with prior notice or opportunity to show cause.

4. No charges or allegations have been levelled against the Appellant regarding misconduct, inefficiency, or any other ground that would justify compulsory retirement.

5. The Appellant's service record is unblemished and he/she has consistently received satisfactory or excellent performance ratings throughout the service.

6. The order of compulsory retirement was issued in violation of the E&D Rules, which provide for a procedure and grounds for compulsory retirement.

7. The Appellant submitted a representation dated representation_date against the compulsory retirement order. The representation was dismissed summarily without proper consideration or explanation of grounds.

8. The compulsory retirement order appears to be motivated by alleged_motive and is mala fide in nature.

9. The Appellant is below the statutory superannuation age and was not liable to retirement.

10. The Appellant has exhausted all administrative remedies available and seeks the intervention of the Service Tribunal to quash the unlawful order.

LIMITATION: The present appeal is filed within the period of limitation prescribed by the parent statute, computed from the date of communication of the impugned order to the appellant. The certified copy of the impugned order has been obtained and is annexed.

PRAYER

It is, therefore, most respectfully prayed that this Honourable Tribunal may be pleased to:

(a) Allow the appeal and set aside the compulsory retirement order dated retirement_order_date;

(b) Direct the Respondent to reinstate the Appellant to his/her former position or equivalent with immediate effect;

(c) Direct the Respondent to pay arrears of salary, allowances, and benefits from retirement_date till date of reinstatement;

(d) Direct the Respondent to restore pension contributions and other benefits;

(e) Pass any such order or decree as deemed just and proper; and

(f) Grant such other relief as may be deemed appropriate.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of the above appeal are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

_____________________________ appellant_name Appellant Through: _____________________________ counsel_name Advocate