Early Times Report
Jammu, Mar 23: In yet another case of dead-wood, state got jolt from High Court when it quashed premature retirement of Riyaz Anwar Masoodi, I/C Divisional Manager, SFC Division, Zangli. Justice MK Hanjura after hearing both sides observed that entire controversy raised here in this petition revolves round the plea whether the Government order bearing No. 857-GAD of 2015 dated 30th of June, 2015, issued by the Government of Jammu and Kashmir, in exercise of powers conferred by Article 226(2) of the Jammu and Kashmir Civil Services Regulations.
Justice M K Hanjura after hearing both the sides in length observed that had the intention of the Respondent-State been to weed out all the deadwood on the parameters that the Committee evolved, all the employees figuring in the aforesaid annexures, would have been shown the door after taking resort to the provisions of Article 226(2) of the Jammu and Kashmir Civil Services Regulations. However, only a skeletal of the employees (small flies), including the petitioner, have been shown the exit and the bumble bees have been allowed to break through. The cases of only some of the employees have been treated as unique and the rare ones. They have been discriminated invidiously and the rules of the game have not been applied equally.
With these observations Justice MK Hanjura observed that the impugned Government order bearing No. 857-GAD of 2015 dated 30th of June, 2015, cannot stand the test of law and reason. Merely that a case or cases have been registered against the petitioner by the Vigilance Organization cannot form the basis of retiring him compulsorily, as a corollary to which, the impugned order bearing No. 857- GAD of 2015 dated 30th of June, 2015, is quashed and directed Respondents to reinstate the petitioner and grant him all the consequential benefits, within a period of one month from the date the certified copy of this order is served on them by the petitioner. |
