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CJ can retain any employee of HC after retirement: HC 12/15/2012 11:08:37 PM Early Times Report Jammu, Dec 15 (JNF): In a petition filed by Abdul Hamid Khan Joint Registrar of State High Court who retried on January 31, 2009 on attaining the age of 58 years, in terms of High Court order dated March 24, 2009 and August 12, 2009, the Chief Justice in exercise of powers under Rule 11 of the Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968 read with Article 226(1) of the Jammu and Kashmir Civil Service Regulations, ordered retention of the petitioner in service upto the age of 60 years and, accordingly, extended his date of retirement by two years. The petitioner ultimately retired on attaining the age of 60 years of January 31, 2011. Senior Accounts Officer (PNR) of the Accountant General on June 16, 2011 addressed a communication to Registrar General of J&K High Court in which he stated that the retired Joint Registrar has been extended the benefit of two advance increments w. e. f. 09/02 without the approval of Administrative Department which may either be obtained or the excess pay and allowances drawn on this account worked out and intimated to this office for effecting recovery. The petitioner has challenged the communication dated June 16, 2011 of Senior Accounts Officer and the action of AG Office is not honoring the orders passed by the Chief Justice. Justice Mansoor Ahmed Mir of State High Court after hearing both the sides held that the orders passed by Chief Justice, Jammu & Kashmir High Court, in terms of the provisions of Jammu & Kashmir Civil Service Regulations read with the provisions of Jammu & Kashmir High Court Staff (Conditions of Service) Rules, 1968 do not require any administrative approval from the executive. It is further held that in terms of the mandate of Rule 13 of the J&K High Court Staff (Conditions of Service) Rules, 1968, it is the Chief Justice alone who is competent to exercise the powers contemplated by the Rules and orders applicable to Government servants with respect to the members of the staff borne on the cadre of the High Court of Jammu and Kashmir.   Share This News with Your Friends on Social Network     Comment on this Story

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