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| Petitioner challenges retirement at the age of 58 yrs | | HC directs respondent to treat petitioner in service for further 2 yrs | |
Early Times Reporter
Jammu | May 21
Justice Nirmal Singh of Jammu and Kashmir High Court today set aside the order of retirement issued by the authority on August 11,2004 and directed the state to pass fresh order treating the petitioner in service up to August 312,2006.This significant judgment was passed in a petition filed by Netar Singh who was superannuated on August 31, 2004 at the age of 58 years and challenged that he was appointed on the inferior post and was entitled to be retired on attaining the age of 60 years instead of 58 years.
In the petition Adv SK Shukla appearing for the petitioner Netar Singh submitted that petitioner came to be appointed as bearer-cum-chowkidar on May 13, 1966 in the department of libraries and was superannuated on August 31, 2004 at the age of 58 years whereas the petitioner under J&K Civil Service Regulation was entitled to be retired on attaining age of 60 years. On the other-hand respondents in the counter-affidavit had admitted the factual averments made in the petition but they have pleaded that the petitioner never discharged the duty of chowkidar during his entire service period.
Justice Singh, after hearing both the sides, observed that the record shows that the petitioner was appointed as bearer-cum-chowkidar, the stand of the respondents that the petitioner did not perform the duty of chowkidar and retired as library bearer, therefore, he cannot be treated to have been retired in the category of inferior service. The stand of the respondents cannot be accepted and the petitioner who was holding an inferior post was required to be retired at the age of 60 years. The respondents have illegally and erroneously retired the petitioner with effect from August 31, 2004 and quashed the order of retirement of petitioner with the direction to the respondents to pass fresh order treating the petitioner in service up to August 31, 2006. The respondents will pay the petitioner full salary by treating him in service up to August 31, 2006. They will deduct the amount of pension from the salary of the petitioner which has already been received by the petitioner and respondents shall accordingly re-fix the pension of the petitioner in accordance with rules.
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